MONTGOMERY, Ala. — Officials say the state's tough new immigration law won't prohibit any child — illegal immigrant or not — from enrolling in Alabama's public schools, and record-keeping requirements shouldn't be a burden for those registering students at local schools."It has nothing to do with enrollment," said Tommy Bice, deputy state school superintendent for instructional services.
Bice said the state is sending information to local schools about how to deal with enrolling students in the wake of the new law, which requires public schools to determine students' immigration status and whether they qualify for classes in English as a second language.
The law, which takes effect Sept. 1, faces several court challenges. It also makes it a crime in Alabama to knowingly give an illegal immigrant a ride and allows police to arrest anyone suspected of being an illegal immigrant if they're stopped for any other reason. Alabama employers also are now required to use a federal system called E-Verify to determine if new workers are in the country legally.
State officials had said previously that the measure, which became law in June, was not intended to keep illegal immigrants from enrolling. Opponents say the law could have a chilling effect, for example, discouraging parents living in the United States illegally from enrolling their children — even if the youngsters are citizens.
"There's no doubt about it," said Sam Brooke, an attorney with the Southern Poverty Law Center — one of the group's challenging the law. "There can be no question about that."
Brooke said the Department of Justice and the Department of Education sent a joint letter in May to schools across the country cautioning them that it is violation of federal law to inquire about a student's immigration status.
Bice said state officials were focused on being fair to students and local school personnel, as well as following the law.
He said students enrolled before Sept. 1 will not be affected, regardless of whether they are U.S. citizens or illegal immigrants. Those who enroll after that date and don't have a birth certificate can still attend school, he said.
A process has been established for their parents to secure other documentation proving their children's immigration status, he said. A code eventually will be entered in a statewide database of students if the school does not receive that documentation, he said.
Under the new law, state school officials will have to send a report to the Legislature after the school year ends detailing the cost of educating illegal immigrants. The law does not outline how to determine such costs, Bice said. Officials will be working on a way to gather and analyze that information in coming months.
Bice said there initially was a great deal of talk about the law being a burden on schools, but officials do not believe that will be the case. He noted that the vast majority of schools in the state require a birth certificate to prove a child's age before kindergarten.
"This isn't going to be a big shift," said Bice, adding that the new requirements shouldn't "seem that odd to parents."
Brooke agreed that schools can require birth certificates for questions of age and residency but contended that it is illegal to use them to determine immigration status.
"You can't be asking about immigration status for any reason," he said.
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