Home Browse Decisions F. Both sides appealed. American Journal of Preventive Medicine Yoder, U. General Assembly of North Carolina. Mem'l Hosp. The State Officials understandably counter that section 28 restricts the dissemination of the private information of these children and their families, which presumably would eliminate the risk of adverse immigration consequences. Consequently, section 28 operates to place undocumented children, and their families, in an impossible dilemma: either admit your unlawful status outright or concede it through silence.
Elora is a staff attorney of the ACLU Racial Justice Program. Prior to joining the ACLU, from toshe was an associate at Emery Celli. Jerome L. Greene Clinical Professor of Law Elora Mukherjee, and the for Lee Gelernt '88, the deputy director of the ACLU Immigrants' Rights.
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American Academy of Child and Adolescent Psychiatry. Our duty, instead, is to analyze whether section 28 operates in such a way that it "significantly interferes with the exercise of" the right to an elementary public education as guaranteed by Plyler.
August Browning presented an injury similar to that in Common Cause, and we found organizational standing proper in that case on the ground that the organizations "reasonably anticipate[d] that they [would] have to divert personnel and time to educating volunteers and [affected individuals] on compliance" with the statute's requirements.
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Jadwat, Elora Mukherjee, Andre I. Segura, ACLU, New York Imm.
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Law Ctr., Los Angeles, CA, Mary Catherine Bauer, Samuel. Latinos in the West: The Student Movement and Academic Labor in Los Angeles. Mukherjee, Elora. New York: New York Civil Liberties Union.
American Journal of Preventive Medicine Center for Children at the University of Chicago.
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The Court concluded by questioning the use of a law that works to promote "the creation and perpetuation of a subclass of illiterates," which would "surely add to the problems and costs of unemployment, welfare, and crime. National Juvenile Defender Center. Reply Flag as Offensive. The form of this notification is also governed by statute and requires official documentation or a notarized recognition of the documentation in addition to a parental attestation under penalty of perjury verifying the identity of the child in order to satisfy school officials of a student's legal status.
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Section 28 provides a process for schools to collect data about the immigration status of students who enroll in public school. Spring If the birth certificate reveals "that the student was born outside the jurisdiction of the United States or is the child of an alien not lawfully present in the United States," or if the birth certificate is unavailable, then the child's guardian must within thirty days notify the school of the "actual citizenship or immigration status of the student under federal law.
We conclude that it does and, further, find that no substantial state interest justifies the interference. Finally, because we find sections 10 and 27 preempted in the companion case brought by the United States, we dismiss as moot the HICA Plaintiffs' appeal as to these sections.