I discovered yesterday that Texas passed a law in 1982 prohibiting illegals from

[O.S.O.K.]

attending public school.

But the fucking so-called supreme court shot the law down citing the 4th amendment - equal treatment under the law.

I got to thinking about this...

The Constitution allows for the illegals to be caught and tried (due process) and then kicked out. They have committed a crime and should be treated like criminals.

So, there is nothing stopping a state from preventing a student from attending school until their legal status is determined. That's due process and equal treatment under the law.

Basically, we just need to require that ALL students prove their citizenship before being allowed to attend. If an illegal can't do this, they don't get to attend and further, they are then referred to ICE.

How could that not be Constitutional?

[Kadmos]

14th amendment


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

then they add the 4th against unreasonable searches, and you get the argument that citizenship is not a reason to stop a child from getting an education

[Schuetzenman]

14th amendment



then they add the 4th against unreasonable searches, and you get the argument that citizenship is not a reason to stop a child from getting an education

It is a reason when they are not citizens here because of a criminal ACT!

[Kadmos]

It is a reason when they are not citizens here because of a criminal ACT!

That is in fact another way to argue the issue.

But either way they remain a "person within its jurisdiction"

[pineapplejack]

That "any person" is an ambiguous reference to the original 'Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; '

Persons not legally in the U.S. are NOT protected under the Constitution. I learned this 44 years ago, from a Russian immigrant that came here the right way. He studied law and the Constitution and was a high school history teacher. Too bad the Constitution is ignored in schools today

[O.S.O.K.]

14th amendment



then they add the 4th against unreasonable searches, and you get the argument that citizenship is not a reason to stop a child from getting an education

Yes... without due process. But with due process, you can. That is my point.

Their parents are criminals and need to be extradited - and the children go with. Period.

Alabama's law only requires that these people be identified -they want to be able to show just how much money their citizens are burdened with because of these illegals. It's step on in the process of elimination. Kind of like taking eating the ex-lax.

[Kadmos]

That "any person" is an ambiguous reference to the original 'Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; '

Persons not legally in the U.S. are NOT protected under the Constitution. I learned this 44 years ago, from a Russian immigrant that came here the right way. He studied law and the Constitution and was a high school history teacher. Too bad the Constitution is ignored in schools today

I'm sorry but that is not correct. The courts have pretty much always read the 14th as the first part defines citizenship, and the second part clarifies the rights of "all persons" in the US.

Legal resident aliens, guests, vacationers all have the various rights to due process, few would argue that point. Illegal aliens also have those rights.

Obviously they don't have full citizenship rights, but yes illegal aliens are covered by the 14th.


Yes... without due process. But with due process, you can. That is my point.

Agreed. If you are deporting the whole family obviously the kids don't get to stay in US schools.

However, is due process suspecting that a child is an illegal, starting an investigation off of that suspicion, in order to deport the family? And while the investigation is going on, should the child be pulled from school?

Consider this also if we don't educate those kids what happens to them? It's ridiculous to assume that we will actually be able to deport them all. So now you have more kids who often speak no English, have little to no education, but see America as their home.

We already have issues with illegals and crime, give their kids no education and you pretty much guarantee the problem gets worse.

[O.S.O.K.]

I'm sorry but that is not correct. The courts have pretty much always read the 14th as the first part defines citizenship, and the second part clarifies the rights of "all persons" in the US.

Legal resident aliens, guests, vacationers all have the various rights to due process, few would argue that point. Illegal aliens also have those rights.

Obviously they don't have full citizenship rights, but yes illegal aliens are covered by the 14th.



Agreed. If you are deporting the whole family obviously the kids don't get to stay in US schools.

However, is due process suspecting that a child is an illegal, starting an investigation off of that suspicion, in order to deport the family? And while the investigation is going on, should the child be pulled from school?

Consider this also if we don't educate those kids what happens to them? It's ridiculous to assume that we will actually be able to deport them all. So now you have more kids who often speak no English, have little to no education, but see America as their home.

We already have issues with illegals and crime, give their kids no education and you pretty much guarantee the problem gets worse.

My answer is yes, it is due process - probable cause of a crime. We are all subject to this -what makes them different?

And I don't think it's rediculous to say that we can deport them all - we can. It was done very very effectively during WWII - a bounty was placed on illegals paid to local LEO agencies for assisting in rounding them up. A program similar to TIP (turn in poachers) could go along with that to encourage citizens to call-in leads for the authorities. It would work great - and we would have them all out within about a year.

No illegals or their uneducated kids = no problem, no issues with illegals and crime.

[O.S.O.K.]

IMHO, when things get really bad in this country, our govenrment will suddenly find a way, make a way to get the illegals out. That, or the local citizens will start shooting them.

[mriddick]

The 14th can do everything...

[Kadmos]

My answer is yes, it is due process - probable cause of a crime. We are all subject to this -what makes them different?

Generally speaking sending your kids to school isn't considered a crime.

What is the probable cause? The kid looks illegal?


And I don't think it's rediculous to say that we can deport them all - we can. It was done very very effectively during WWII - a bounty was placed on illegals paid to local LEO agencies for assisting in rounding them up. A program similar to TIP (turn in poachers) could go along with that to encourage citizens to call-in leads for the authorities. It would work great - and we would have them all out within about a year.

I suppose it's worth a try, I just don't see it as likely. I really don't think it would be as easy as you do.

[O.S.O.K.]

Generally speaking sending your kids to school isn't considered a crime.

What is the probable cause? The kid looks illegal?

I suppose it's worth a try, I just don't see it as likely. I really don't think it would be as easy as you do.

No - the probable cause is them not having documentation. Remember - everybody will have to submitt proof of citizenship. None= probable cause for looking further. Simple as that and totally Constitutional. If the goal is to eliminate illegals from our country, I am all for submitting a birth cirtificate or other proof of citizenship when the kids enroll. None whatsoever.

[mriddick]

I would most would find it reasonable to show proof of citizenship to attend school.