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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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Wednesday, November 02, 2011

DOJ Warns Alabama Schools on Immigration Law

Politico: The Justice Department is intensifying pressure on Alabama schools to abide by federal law that states no child can be denied public education based on his or her immigration status.

In a letter to the states school districts on Tuesday, the feds also requested that each district provide information that would shed some light on how Alabamas tough new immigration law may have effected student enrollment across the state.

It has come to our attention that the requirements of Alabamas H.B. 56 may chill or discourage student participation in, or lead to the exclusion of school-age children from, public education programs based on their or their parents race, national origin, or actual or perceived immigration status, or based on their homeless or foster care status and consequent lack of documentation, the letter from Assistant Attorney General Thomas Perez said.

Perez warned that according to federal law, no child may be denied schooling on the basis of race, color and national origin, and that the Supreme Court has concluded that denying innocent children the benefit of schooling provided to other students within the district was unconstitutional.

Every Alabama school district was also asked to submit nine sets of data, including the number of students who have withdrawn from school so in the 2010-2011 school year and each of those students race, national origin and immigration status.

The requested information must be sent to the Justice Department by Nov. 14, and the school districts were also asked to submit information on student withdrawals and unexplained absences every month here on forward.

A spokesperson from the Alabama Education Department did not respond to a request for comment.

The Obama administration filed a challenge of Alabamas immigration law in October, asking an appeals court to block the enforcement of the law.

The 11th Circuit U.S. Court of Appeals in Atlanta consequently ruled to stay parts of the law, including the requirements that schools check students papers and the mandate the immigrants carry documents of identification proving legal residency at all times.

Following U.S. District Judge Sharon Blackburns initial ruling upholding parts of the tough immigration law at the end of September, the Alabama Education Department reported that thousands of Hispanic students had stopped showing up in school.

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