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Despite the prattle of so-called "legal experts," school staff, faculty, and administrators have no legal obligation to report "unauthorized migrants" to ICE because FERPA controls here, not 8 U.S. Code § 1324.
FERPA says nothing at all about not reporting illegal aliens to ICE. School staff, faculty, administrators, etc., can indeed be prosecuted for and convicted of harboring, concealing, shielding from detection, etc., illegal aliens. The prison sentence is 5 to 10 years for each illegal alien they harbored, concealed, shielded from detection, etc.
This is no different than school staff, faculty, administration, etc., reporting any other law violation committed by a student. Police are called to schools when students violate laws all the time in cases of theft, assault, etc. They do not need parents' permission to do so.
This is how we know you're completely clueless.
Let's start prosecuting school staff, faculty, administrators, etc., who violate federal law. Criminal is as criminal does.
FERPA says nothing at all about not reporting illegal aliens to ICE. School staff, faculty, administrators, etc., can indeed be prosecuted for and convicted of harboring, concealing, shielding from detection, etc., illegal aliens. The prison sentence is 5 to 10 years for each illegal alien they harbored, concealed, shielded from detection, etc.
This is no different than school staff, faculty, administration, etc., reporting any other law violation committed by a student. Police are called to schools when students violate laws all the time in cases of theft, assault, etc. They do not need parents' permission to do so.
This is how we know you're completely clueless.
Let's start prosecuting school staff, faculty, administrators, etc., who violate federal law. Criminal is as criminal does.
It appears that I'm mistaken in assuming that you possess critical thinking and reading comprehension skills. ICE is considered to be a "third party" under FERPA. No school (or its personnel) has ever been charged with "harboring" based on the immigration status of its students, because most Federal prosecutors know that FERPA is an effective shield and that the definition of "harboring" varies by jurisdiction. Moreover, you can blame the clueless folks that drafted 8 U.S.C. § 1324 for this -- they passed legislation to prohibit and punish the "harboring" of "unauthorized migrants," but failed to define "harboring." Thus, the work of defining "harboring" was left to the courts and many of them have adopted their own definitions of "harboring," meaning that there's no uniform definition. And, to make matters worse, SCOTUS has refused (so far) to hear any case that deals with "harboring," letting the various decisions of the lower courts stand.
At one extreme, the Ninth Circuit Court of Appeals once ruled "that the mere provision of shelter, with knowledge of a person’s illegal presence, constituted harboring" (United States v. Acosta De Evans, 531 F.2d 428 (9th Cir. 1976)). At the other extreme, the Seventh Circuit Court of Appeals ruled that a person can "cohabit" with "unauthorized migrants" that have returned to the U.S. after being convicted of drug dealing and deported and it doesn't constitute "harboring" (United States v. Costello, 666 F.3d 1040 (2012)). So, until Congress modifies 8 U.S.C. § 1324 to explicitly define "harboring" and deny an exception under FERPA, charging and successfully prosecuting school staff, faculty, and administrators with "harboring" students that are "unauthorized migrants" is a "dog that won't hunt."
It appears that I'm mistaken in assuming that you possess critical thinking and reading comprehension skills. ICE is considered to be a "third party" under FERPA.
So are the police. They get called to schools all the time when students are in violation of the law. Students even get arrested for assault, theft, etc. All without parental consent.
Example:
Quote:
"A police department lieutenant says it’s the second time police were called to the high school today."
Enroll illegal aliens, as required by law, and promptly report them as federal immigration law violators to ICE for deportation. Or, be prosecuted and convicted of harboring, shielding, etc., and go to federal prison for 5-10 years per illegal alien harbored, shielded, etc.
Seems it's you who lacks critical thinking skills.
Bottom line... If police can be called to the school for students committing assault, theft, etc., without parental consent, ICE can be notified of similarly law-violating illegal aliens.
Any school staff, faculty, administrator, etc., who harbors, shields, etc., illegal aliens needs to be prosecuted, convicted, and sent to federal prison for 5-10 years for each illegal alien they protect.
This is no different than accessory after the fact crimes/convictions/prison sentences.
"Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact." 18 U.S. Code § 3 - Accessory after the fact
So are the police. They get called to schools all the time when students are in violation of the law. Students even get arrested for assault, theft, etc. All without parental consent.
Seems it's you who lacks critical thinking skills.
Nope, for school staff, faculty, administrators, providing a safe learning environment is paramount. However, the mere presence of "unauthorized migrant" students usually has almost no impact upon campus safety. Moreover, there are plenty of ways to get around FERPA, but many public school districts have somewhat perverse, economic incentives to keep their enrollment numbers up, even if it involves enrolling "unauthorized migrants." In a nutshell, "more students means more money."
Unlike you, I don't possess an irrational fear or hatred of "unauthorized migrants." I've helped some become U.S. citizens and I've made sure that others got deported.
Speaking for myself, I don't fear illegals. I just feel that they should have to do it the right way, which they evidently feel is for everyone else. I also feel that we need to raise the bar on immigration. Far too many enter only to become a burden upon society.
This Valedictorian isn't your average illegal. Yet the left will hold the person up as representative of all illegals, which the person isn't. The arrogance of this person is also telling. I break your laws, I disrespect your nation, but you owe me. This person is representative of illegals in that regard.
Nope, for school staff, faculty, administrators, providing a safe learning environment is paramount.
Of course it is, but how does that include harboring, shielding, etc., those who violate federal law?
In fact, school staff, faculty, administrators, etc., can also be prosecuted and found guilty of felony child endangerment for shielding federal law violators.
Speaking for myself, I don't fear illegals. I just feel that they should have to do it the right way, which they evidently feel is for everyone else. I also feel that we need to raise the bar on immigration. Far too many enter only to become a burden upon society.
This Valedictorian isn't your average illegal. Yet the left will hold the person up as representative of all illegals, which the person isn't. The arrogance of this person is also telling. I break your laws, I disrespect your nation, but you owe me. This person is representative of illegals in that regard.
I'm a little surprised that no one bothered to call ICE after Ms. Zavala-Ramos gave her valedictory address.
I'm a little surprised that no one bothered to call ICE after Ms. Zavala-Ramos gave her valedictory address.
How do you know they didn't?
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