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Steve King says Des Moines school board to violate Constitution and two federal laws by welcoming immigrants

Steve King

WASHINGTON, D.C. – Congressman Steve King released the following statement concerning the Des Moines Public School Board introducing two allegedly unconstitutional immigration resolutions Tuesday evening:

“Today, the Des Moines Public School Board will be considering two immigration resolutions, including a “sanctuary” resolution that violates both the Constitution’s supremacy clause and two federal laws,” said King. “Creating a policy that allows the school to refuse to cooperate and to prohibit all school employees from cooperating with ICE officials and their inquiries regarding students or their families, this resolution would be in direct violation of  8 U.S. Code 1373 which states no one shall  ‘prohibit, or in any way restrict…information regarding the citizenship or immigration status, lawful or unlawful, of any individual.’

This resolution could also lead to future criminal investigations by empowering the Superintendent to evade inquiries from ICE officials which would violate 8 U.S. Code 1324 that deals with harboring illegal aliens. This code clearly states if any person knowingly ‘harbors or shields from detection…in any place,’ they could ‘be fined under title 18, imprisoned not more than 10 years, or both.’ Not only does this resolution undermine the Rule of Law by obstructing ICE officials from enforcing the law, but it is also blatantly unconstitutional and could lead to a Class C or Class D felony conviction.  I am incredulous that the school board would come to this kind of motivation or conclusion given that the Trump administration has previously stated they will withhold any federal funds that would go to any sanctuary jurisdiction in America.

Motivated by pure political agenda, the second resolution asks the Iowa congressional delegation to support the BRIDGE Act and the 5,500 students in Iowa who have registered under the DACA program. I will never support the lawless actions of former President Barack Obama when he illegally instituted this program with a stroke of a pen, circumventing the Constitution and attempting to normalize criminal behavior.”

Congressman King sent a letter with the above information to both Superintendent Thomas Ahart, Ed.D  and Chair Teree Caldwell-Johnson.

To view the letter, click here.

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Des Moines

Des Moines School Board to Consider “Sanctuary” Resolution for Des Moines Public Schools

Monday, February 6th, 2017

In the wake of recent federal government action targeting immigrants and refugees, Des Moines Public Schools is reiterating its support for immigrant and refugee students as the School Board will consider resolutions regarding U.S Immigration and Customs Enforcement (ICE) as well as the Deferred Action for Childhood Arrivals program (DACA).

“As our school district made clear last week, when a child in Des Moines shows up at our schools – no matter their place of birth or religion or language or skin color – they should know that they belong here and we stand by them,” said Teree Caldwell-Johnson, chair of the Des Moines School Board. “We are proud to educate students from around the globe, and will do everything we can to make all 33,000 of our students feel welcomed and supported in our schools.”

Approximately 4,000 DMPS students were born outside of the United States, from nearly 100 different nations, including over 250 students from the seven nations included in the executive order signed by President Trump. More than one out of five students at DMPS are English Language Learners.

“Our state, our community and our school district have a long and proud history of embracing people from around the world. That tradition has made this a place that is diverse in our culture and heritage and, as a result, has made us better for it,” added School Board vice chair Cindy Elsbernd. “As a school district we should not only speak out in support of our students, we should make sure our policies and actions are doing everything we can to support them and their families.”

The School Board will consider two resolutions at their meeting on Tuesday night. The first is a “sanctuary” resolution, which would set parameters on the school district responses to inquiries from ICE. The resolution directs that any requests made of DMPS and its schools by ICE officials to access school information or school grounds must be processed through the Superintendent who will consult with legal counsel to ensure compliance with the law. Schools shall not permit ICE officials to access students, their families, or district staff and contractors at schools without having first contacted and processed their request and all relevant documentation through the Superintendent. The resolution would also remind DMPS staff that they may not inquire about the immigration or citizenship status of students or their parents or guardians.

“Unfortunately, too many students live in fear of a change in our nation’s immigration enforcement procedures, and are facing everything from discrimination to uncertainty simply because of their ethnicity, immigration status, or citizenship,” noted School Board member Rob Barron. “We must not only let our students know that they are welcomed and valued, but that we will do everything we can to safeguard their legally-protected right to a free public education.”

The second resolution the Board will consider voices support for the nearly 5,500 students in Iowa who have registered under the DACA program, commonly referred to as “Dreamers,” and urges Iowa’s congressional delegation to support the BRIDGE Act. This act, which has been introduced in the U.S. Senate and House, would grant provisional protected presence status, and imposes restrictions on the sharing of information for the purposes of immigration enforcement. The resolution also asks the Iowa General Assembly to support and respect all students regardless of origin or immigration status.

Both resolutions note that DMPS staff “shall treat all students in a loving, respectful, and equitable manner without regard for race, ethnicity, citizenship, immigration status, or national origin.”

If the resolutions are approved, DMPS would join school districts in Minneapolis, St. Paul, Los Angeles, Nashville, Albuquerque, Denver, Pittsburgh, Portland, San Diego and elsewhere around the country in taking action in support of immigrant and refugee students. A 1982 decision by the Supreme Court of the United States declared that all resident children are entitled to education in the public schools and it is illegal to deny a free public education to children who are not legally admitted into the U.S.

Tomorrow night’s School Board meeting begins at 6:00 PM in the multipurpose room at Central Campus.

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