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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, October 03, 2011

Alabama Immigration Law Marked by Hispanic School Absences

USA Today: A federal judge's decision last week that left Alabama's strict new immigration law largely intact is already having a major impact throughout the state, as hundreds of Hispanic children stayed away from school.

The judge allowed several aspects of the state's anti-immigration law to go into effect, including a provision that requires schools to check the immigration status of students.

Federal law requires public schools to provide K-12 education to illegal immigrants, but the Alabama law requires that schools verify the immigration status of children enrolling for the first time.

That information will go only to the state Department of Education so officials can better account for how much the state spends educating illegal immigrants.

Even though school officials have been telling parents that there won't be immigration agents awaiting them at the school doors, the message hasn't reached everyone.

In Montgomery, the state capital, 231 Hispanic children were absent from school Thursday, the first day the law went into effect, according to Superintendent Barbara Thompson. She said school officials would begin calling the parents of children that continue to miss school to assure them they have nothing to fear.

"Obviously, there's a fear factor about what the law is in regard to the schools," said Keith Ward, a spokesman for Huntsville City Schools, which also reported high absenteeism Thursday and Friday. "We're not doing any enforcement. We're in the business and have the obligation to educate all students. For us, it's just data collection."

Tuscaloosa City Schools reported at least 10 Hispanic parents withdrawing their children from school late last week, while other parents requested withdrawal papers as well.

Tuscaloosa Superintendent Paul McKendrick said he's disappointed to see children leaving the district when their families run no risk of being deported simply for going to school.

McKendrick said he understands the pressures that the families are under and the fear that the new law has created.

"You may hear information and not be sure how valid it is," he said. "I can understand why parents would be leery of anything that they hear and just try to protect their children and stay in this country."

Lost class time isn't the only thing worrying school officials. Funding for Alabama schools is dependent on the number of students it has, and Thompson said a mass exodus would dry up funds, which would hurt all students. She estimated that the district would lose $2 million if the 231 students who were absent on Thursday decided to stay away for good.

"When one student drops out, it affects the funding for the entire system," she said.

Officials with the Alabama Department of Education met Friday to discuss ways to better communicate with the Hispanic community.

"It's unfortunate that rumors and falsehoods have led to the kind of hysteria that we see in the state right now," said Michael Sibley, a spokesman for the department. "The idea that there'll be any consequences to the child -- or legal repercussions if the parent is in the country illegally --are misunderstandings that we are desperately trying to clear up."

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