The U.S. Department of Education and U.S. Department of Justice recently issued a guidance letter on the rights of all children to enroll in school. The guidance from their civil rights divisions is in response to student enrollment trends that, “chill, discourage, or exclude students because of their parents’ or guardians’ actual or perceived citizenship or immigration status.” Both federal departments want to send a clear message to educators and school administrators that equal educational opportunities to all children living within a district are the law.

Civil rights laws and Supreme Court mandates enforce that students cannot face discrimination because of race, national origin, color, and citizenship or immigration status. Information, such as social security numbers and race, must be voluntary, and not contingent for acceptance into a school. The U.S. Supreme Court case of Plyler v. Doe, 457 U.S. 202 (1982) noted that, “denying innocent children access to a public education, imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. . . . By denying these children a basic education, we deny them the ability to live within the structure of our civic institutions, and foreclose any realistic possibility that they will contribute in even the smallest way to the progress of our Nation.”

A school district can only restrict attendance to residents that live in the district. They can require utility bills or mortgage or lease documents to verify residency. If the school wants a birth certificate to ensure age regulations, that is permissible, but a school must accept a foreign birth certificate without prejudice. All requirements for information collection and analysis must occur across the entire student body, not just for one specific group.

“It is refreshing that the federal government is stepping up to remind the school system of their obligations to kids and their communities,” said Houston immigration attorney Annie Banerjee. “No child should be barred from an education.”

The guidance encourages schools and districts to review their practices to ensure they are not discriminating. And if data is not necessary for enrollment purposes, districts can do away with these stifling practices and “create a more welcoming atmosphere for all prospective students,” says the “Dear Colleague” guidance letter.

The Assistant Secretary for Civil Rights, Russlynn Ali, General Counsel Charles P. Rose at the U.S. Department of Education, and Thomas E. Perez, Assistant Attorney General for Civil Rights at the U.S. Department of Justice, all signed the letter and will enforce equal rights for all children to get an education.

The Law Offices of Annie Banerjee supports this guidance, and as an immigrant herself, she knows and appreciates the quality of education she received in the United States. She has more than 10 years of accomplished immigration law experience in Texas and helps individuals and families achieve their visa, green card, and citizenship goals.
For more information:
Law Offices of A. Banerjee
131 Brooks Street Suite #300
Sugar Land, Texas 77478
Phone: (281) 242-9139
Fax: (281) 242-2058

2027 Sheridan Street
Houston, Texas 77030
Phone: (713) 793-6339
annie@visatous.com

To learn more, visit http://www.visatous.com.

The 2011 Intel Science Talent Search competition produced some interesting results – 70 percent of the finalists are children of immigrant parents. The National Foundation for American Policy researched the competition, which is the most prestigious science and math event for U.S. high school students. Only 12 of the 40 finalists have parents that were born in the United States. The bulk has parents who hail from China, India, South Korea, and Iran and came to the U.S. on H-1B visas.

Many of them immigrated to the U.S. to better their life and enable their children to achieve more. The NFAP found that immigrant parents encouraged their children to focus on their education and leadership roles in extracurricular activities. A good percentage of the finalists’ parents came to the U.S. as exchange students.

The role of immigrants and the influence they have on their children’s upbringing is vast. “Our immigration policies must not be allowed to deprive our country of the contributions that these kids are making here,” said the NFAP study. “The benefit America derives from the children of immigrants in science and math is an additional advantage the country reaps from being open to talent from around the world. Americans should take pride in our openness to individuals and their children who can succeed in the United States without regard to class or place of birth. The talents possessed by these children of immigrants are a wonderful gift to America, a gift we can all benefit from in the future so long as we can allow talented foreign nationals to come to the United States and pursue their American dreams.”

H-1B visa holders range from exchange students, skilled immigrants, and family-sponsored foreigners. These types of visas are good for three years, with an extension of up to six years. Of special note, H-1B visa holders only make up one percent of the entire U.S. population. Smart immigration policies to attract the right caliber of individuals and families can go a long way to improving America’s competitive stance. Harsh immigration policies will only “…shut off the flow of a key segment of America’s next generation of scientists and engineers” said the NFAP study.

In Texas, two out of the three finalists have foreign-born parents. The two students, Sunil Kochikar Pai from Houston and Rounok Joardar from Plano, have Indian-born parents. Pai created a new way to measure electron transfer properties of molecules for the Intel competition. His after-school activities include cross country, golf, and tennis as well as playing in the orchestra and being president of the math club and the youth division of the Houston Konkani Association. Joardar built a high-efficiency hybrid concentrator solar cell. His research pushes to replace fossil fuels. In 2010, Joardar won first place in engineering at the National Junior Science and Humanities Symposium. He is fluent in Bengali and taken many years of Spanish.

Houston immigration attorney Annie Banerjee understands the benefits of an American education as she came to the U.S. for graduate school and the American dream. The Law Offices of Annie Banerjee are known for their skill at helping individuals, families, and businesses with the H-1B process. For more than 10 years she has helped clients achieve their immigration goals.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

The Comprehensive Immigration Reform Act of 2011 is a huge immigration bill that not only increases security and immigration enforcement but allows children who have been in the U.S. to obtain legal status if they meet certain guidelines. Part of this reform is the Development, Relief and Education for Alien Minors Act (DREAM Act) that would let children who came to the U.S. before 16 years old, and have been here for at least five years, to become legal citizens. They would have to graduate high school, have good morals and a clean criminal record, and go to college or enlist in the military for two years to be eligible.

“The need for Congress to enact real immigration reform could not be any more urgent,” said Eleanor Pelta, President of the American Immigration Lawyers Association. “Immigration reform would aid our economy and provide fairness to taxpayers, job creators, and families that now get hopelessly entangled in the dysfunctional system.”

Instead of living every day with the fear of getting deported, these kids could better contribute to the success of America, say the bill’s supporters. These teens, who are honor roll students, athletes, and hard working, just want a fair chance to stay in the country that gave them many opportunities. With legalization, the bill’s proponents say that these teens would contribute to the American workforce in many beneficial ways. Education Secretary Arne Duncan said, “…they’d be paying more taxes, starting businesses and creating jobs, all of which would infuse a much-needed kick-start to the economy and help drive down the national debt.”

The U.S. House of Representatives supported this legislation last year, but it has been an uphill battle in the Senate in 2011. Senate Republicans are more focused on U.S.-Mexico border security and enforcement provisions, and concerned that legalizing these students could bring unintended consequences. Arne Duncan noted that three million jobs have gone unfilled in the U.S. in science, mathematics, technology, and education that these students could be perfect for. Look at the Intel Science Talent Search competition, for example, and the roster is full of students who are high achievers and were born outside the U.S.

In Texas, Houston immigration attorney Annie Banerjee understands just what these students are going through. She came to the U.S. for graduate school, became a citizen, and is positively contributing to the economy. The Law Offices of Annie Banerjee are known for their skill at helping individuals, families, and businesses with the green card and visa process. For more than 10 years she has helped clients achieve their immigration goals.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.