Secretary of Education Betsy DeVos alarmed civil liberties advocates with comments Tuesday that it falls to schools to decide whether to report undocumented students to Immigration and Customs Enforcement.
At a meeting of the House Education and Workforce Committee, U.S. Rep. Adriano Espaillat, D-New York, asked the Secretary: “Inside the school if a principal or a teacher finds out that a certain child is undocumented, or his or her family members are undocumented, do you feel that the principal or teacher is responsible to call and to have that family reported?”
DeVos replied: “Sir, I think that’s a school decision. That’s a local community decision. And again, I refer to the fact that we have laws and we also are compassionate, and I urge this body to do its job and address or clarify where there is confusion around this.”
That response drew immediate rebuke from civil rights groups. “Let’s be clear: Any school that reports a child to ICE would violate the Constitution. The Supreme Court has made clear that every child in America has a right to a basic education, regardless of immigration status. Secretary DeVos is once again wrong,” said Lorella Praeli, director of immigration policy and campaigns at the American Civil Liberties Union, in a statement.
Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund or MALDEF said in a statement: “Like so many in this administration, Education Secretary Betsy DeVos desperately needs competent legal advice; her testimony today about reporting students to ICE stems either from an astounding ignorance of the law or from an insupportable unwillingness to accurately advise local school districts. Either of these indicates a severe dereliction of duty.”
Saenz cited the U.S. Supreme Court case Plyler v. Doe in which MALDEF represented the plaintiffs, saying, “…the Court determined in 1982 that the Constitution requires all public schools to provide a free public education, from kindergarten to 12th grade, to every child, regardless of immigration status. Any public school or school district that denies an education to any undocumented child – whether by refusing to enroll, by limiting access to the programs and benefits provided to other students, or by reporting a child to ICE – has violated the United States Constitution. DeVos should have her department issue an immediate clarification that emphasizes the holding in Plyler. Otherwise, she should resign forthwith for abject incompetence.”
In her prepared remarks to the House committee, DeVos also referenced her agency’s work in other high-profile areas, including sexual harassment on campus.
Here are excerpts from her remarks:
In the coming months, we intend to announce negotiated rulemaking to address higher education regulations which stifle innovation by limiting opportunities for students, and unnecessarily burdening agencies and institutions.
To ensure fairness to all students, work to draft new proposed regulations on sexual harassment and misconduct is well underway. Schools must continue to confront these issues head-on, including the horrific incidents that all too often arise. Accordingly, the adjudication process at schools must be fair and impartial, giving everyone – survivors, the accused, parents and institutions – more confidence in its outcomes.
The Department has never regulated on the issue of sexual harassment under Title IX since the Supreme Court ruled in 1999, relying instead on letters from unelected political appointees drafted behind closed doors. Well, as I said when we announced the changes, the era of rule by letter is over. The consensus on both the right and the left is that the prior administration erred when it failed to engage the public through notice and comment rulemaking on this issue. We plan to release a Notice of Proposed Rulemaking for public comment in the coming months.
We are also in the process of rulemaking on two higher education regulations that were poorly designed: borrower defense to repayment and gainful employment. These rules must protect students from bad faith actors, but they must also treat both institutions and taxpayers fairly. These proposed rules are under review at OMB, and we expect to publish for public comment soon.
Perhaps no effort has a greater potential to positively and directly impact postsecondary students than reforms being undertaken at Federal Student Aid (FSA). The Next Generation Financial Services Environment will be the most significant improvement to administering student aid in two decades. It will modernize FSA’s approach to technology and customer service to provide a world-class experience and improve borrower outcomes. I look forward to working with this Committee on ways to further improve the experience for students.
This work is indicative of how we are approaching every issue impacting students. They do not have the time for adults to simply tinker around the edges. We must make bold, fearless changes that allow all students to pursue an education that meets their unique needs.
That is why I challenge the Department and every teacher, administrator, parent and leader from every walk of life in America to rethink school. Rethink means that we must question everything, regardless of how difficult or politically sensitive it might be, to ensure nothing limits students or leaves them unprepared.
It’s past time to ask some of the questions that often get labeled as “non-negotiable” or just don’t get asked at all.
Questions such as…
Why are students grouped by age?
Why do schools close for the summer?
Why can’t a student learn at his or her own pace?
Why are students limited based upon the faculty and facilities available?
And there are many more…
About the Author
