Joe Says it’s Okay to Drag Children Out of Schools
-Special to PlacerDems Blog by Robert Sherriff, Retired Science Teacher, Retired K12Alliance/WestEd Consultant, Educational Consultant, and Communications Committee Member
Now, I ain’t one to meddle too deep in the affairs of lawmakers—they generally do a fine job of muddyin’ the water all on their own—but when it comes to children and schools, a man ought to have a little more horse sense than a fencepost. Yet here we are, watchin’ our very own California Assemblyman, Mr. Joe Patterson, take a stand that’d make a buzzard blush.
You see, there was a notion floatin’ around—seemed pretty reasonable to the average soul—that if a government feller with a badge and a mind to haul off a child from school came knockin’, he ought to bring a warrant and let the parents know, on account of decency if not the law. But ol’ Joe voted against it, like it was some great crime to ask for a bit of paperwork before takin’ a child from a chalkboard straight to a jail cell.
Now, maybe Joe figures liberty only applies to folks with a certain shade of paperwork in their pockets—but I always thought schools were places for learnin’, not roundups. And I reckon most parents would like to know if their young one’s bein’ treated like a fugitive instead of a student.
Seems to me, if you’re more worried about botherin’ the men with boots than protectin’ the little ones with backpacks, you’ve lost sight of which side of the river your boat’s floatin’ on.
Now, it was the year 2001—a time when the world went sideways and the folks in Washington decided they needed a whole new contraption to keep the country safe. So, they built themselves the Department of Homeland Security, a grand and sprawling invention, and under its wide umbrella they fashioned a curious outfit called ICE. Now ICE, mind you, ain’t a summer refreshment but a government agency armed with over four hundred statutes, each one thicker than a California almanac and twice as confusing. Their job? To hunt down folks who didn’t arrive here with the right papers, all under the mighty old Immigration and Nationality Act of 1952.
Now here’s where things get tangled: public schools, those noble institutions where Johnny learns his letters and Susie does her arithmetic, are caught in the middle like a chicken in a foxhunt. You see, by law—Title VI of the Civil Rights Act of 1964, no less—they’re bound to teach every child who walks through the door, whether he’s a fifth-generation Californian or stepped off a boat just yesterday. Every state in the Union says education is a right, not a privilege, and that’s the gospel truth in their constitutions.
PlacerDems Facebook: Assemblyman Joe Patterson (R-Rocklin), who represents Placer County, voted no on requiring ICE have a warrant before taking kids from schools without parental notification. Asm. Patterson does not care about the safety or education of our children. The bill, AB 49, simply prohibits "an agency conducting immigration enforcement from entering schoolsites without valid identification, a valid judicial warrant, a court order, or exigent circumstances necessitating immediate action." Apparently showing ID to arrest children is too much.
Read the full bill here: https://calmatters.digitaldemocracy.org/.../ca_202520260ab49
But if ICE comes knocking, educators can’t exactly bolt the door and play dumb. The law says they can’t obstruct an investigation or hide students under the floorboards like it’s the Underground Railroad all over again.
The U.S. Supreme Court, in a fit of clarity back in 1982, told the great state of Texas that it couldn’t withhold funds from schools just because a child’s papers weren’t in order. That case—Plyler v. Doe—said plainly that the word "person" means person, not just citizen, and the 14th Amendment’s promise of equal protection applies to all of them, border or no border.
Add to that the Family Educational Rights and Privacy Act, which locks up student information tighter than a billionaire’s safe. Schools can’t go handing out names to Uncle Sam or ICE unless mama says it’s all right, it’s in the public directory, or a judge bangs the gavel and says so.
And let’s not forget the McKinney-Vento Homeless Assistance Act, which demands schools take in students living from suitcase to suitcase—migrants, runaways, or the plain unlucky—and give them a fair shot at education like everyone else.
As if that weren’t enough, many states piled on their own rules. In our California Constitution it says schools must include protections in schools, including freedom from discrimination, harassment, and violence, ensuring a safe and inclusive learning environment whether you’re applying to get in or trying not to get kicked out.
So, there you have it. A stew of federal laws, Supreme Court rulings, and state mandates, all simmering in the same pot. And in the middle of it, the humble schoolteacher, trying to teach long division while enforcing our California Constitution where it says schools must include protections in schools, including freedom from discrimination, harassment, and violence, ensuring a safe and inclusive learning environment. So, Joe Patterson, please enforce our state constitution and keep our school children safe from harassment such as being hauled out by ICE without any warrant or notification of their parents.
-Special to PlacerDems Blog by Robert Sherriff, Retired Science Teacher, Retired K12Alliance/WestEd Consultant, Educational Consultant, and Communications Committee Member
