Tuesday, January 31, 2012
Immigration Article of the Day: The Prospects and Challenges of Educational Reform for Latino Undocumented Children: An Essay Examining Alabama’s H.B. 56 and Other State Immigration Measures
"The Prospects and Challenges of Educational Reform for Latino Undocumented Children: An Essay Examining Alabama’s H.B. 56 and Other State Immigration Measures" Loyola New Orleans Law Research Paper MARIA PABON LOPEZ, Loyola University New Orleans College of Law; DIOMEDES J. TSITOURAS, Indiana University Robert H. McKinney School of Law; PIERCE C. AZUMA, Attorney at Law, New Orleans.
ABSTRACT: This essay analyzes the provisions of Alabama’s recent anti-illegal immigration law that affect the education of undocumented children and examines their constitutionality in view of current federal law, as embodied in Plyler v. Doe, 457 U.S. 202 (1982). As immigration law is an area of federal legislative authority, a key constitutional concern is whether Alabama’s law is preempted. This essay further discusses the recent litigation filed following the passage of this act. This essay also examines other recently enacted state anti-immigrant measures which pose obstacles to undocumented students and concludes by offering thoughts regarding the use of children as pawns in the raging immigration debate in the United States.