You know I’m not a fan of taking the easy way out.
It’s tempting, sometimes, to think that we can throw the proverbial Hail Mary pass and move down the field (that’s the right sports metaphor, right?).
But in advocacy, as in life, it’s seldom that simple.
And, I’d argue, even when it might be possible, at least temporarily, it’s just not as good.
This is one of those cases.
Around the country, sparked first by the living nightmare that is now Alabama, anti-immigrant forces have been going after what they’ve long considered the Holy Grail:
Kicking immigrant kids out of Kindergarten.
It was at least 8 years ago that I first heard Kris Kobach’s assertion that the U.S. Supreme Court’s 1982 decision in Plyler v. Doe, which established the right of every child in the U.S. to attend public K-12 schools, was ‘fatally flawed’, I think along with some pronouncement that he could win a different decision if he had a chance to try the case.
Since then, he has been hoping for his chance.
With the Alabama legislature’s approval of a requirement that K-12 schools verify the immigration status of students, that door was opened, even though that provision was pretty quickly enjoined in federal court.
This legislative session has already seen similar debates in other states, and I guarantee that there’s more to come: in the ‘war of attrition’ that the anti-immigrant crowd has been waging for years, barring immigrant kids from going to school would be a really big deal.
Immigrants and their allies, then, are justifiably hell-bent on stopping these attacks. In our fervor, I think we’re vulnerable to make a serious error.
We have to win this battle on the merits. We can’t take a shortcut, point to the Supreme Court, and just argue legal precedent. Yes, scaring legislators with threats of lawsuits and confusing them with references to previous decisions can sometimes work. And, yes, I fully believe that the U.S. Supreme Court (and I mean this specific one) would still decide a similar case the same way. Absolutely. But precedent can change. Winds can shift. And, so, the foundation can fall out from under those arguments that once looked so solid.
Besides, who was ever motivated to stand up and join a cause to fight against something just because it contradicts Justice Brennan’s majority opinion?
Because the truth is, Supreme Court or no Supreme Court, turning our teachers into immigration agents is a horrible idea. Keeping children, most of whom will eventually qualify for U.S. citizenship, out of school and on the streets is really terrible policy. Sending ripple effects through mixed-status families and communities, depressing the educational attainment of an entire generation, just because we hope that it might make some parents leave the country, is a nightmare scenario. Kicking kids out of Kindergarten because we don’t approve of their mom and dad is not an action of a place worthy to be called the United States of America.
Those need to be our arguments, not recitations of precedent, even that which is based on a legal principle as important as the 14th Amendment to the U.S. Constitution.
We can win this.
I truly believe that a majority of Americans opposes this idea, and that we can convince state lawmakers that this is not the way to prove a point on immigration reform. I think that we can find new allies–in teachers and administrators and law enforcement officers and business leaders–and that we can emerge from this struggle poised for more success on other fronts.
But we’ve got to fight.
It was bad policy in 1982, and it’s bad policy today.
We don’t need a precedent to tell us that.



The Legacy of Brown: We Must Not be Bought
Not long ago, I stood with my oldest son at the Brown v. Board of Education National Historic Site in front of a photo that contrasted a segregated school for African Americans in South Carolina (one-room schoolhouse with sagging shingles and missing boards) with a rather opulent school (large brick building) for white students.
The “unequal” part was obvious, and even more glaring than the “separate”.
Looking at those pictures, I remembered a section of The Race Beat, a book I read recently about journalists who covered the civil rights movement, that described the efforts of some segregationists in both the North and South who were eager to spend more on schools for children of color, especially in the lead-up to the Brown v. Board of Education decision.
Because they were willing to pay a lot to maintain the status quo.
That’s how much maintaining an oppressive system was worth.
Holding hands with my son, who started Kindergarten in public school this year, I was thinking about those brave parents, the ones whose names are on the collection of lawsuits that, together, became known as Brown v. Board. And wondering whether they were ever tempted, as I would have been, if my child had been in that rickety schoolbuilding, to take the money.
Even knowing what it cost.
Obviously, our entire country has benefitted tremendously from their refusal to be bought. They understood that separate could never be equal, and they knew that their little boys and girls deserved integrated schools and the access to power and full participation that only integration can bring, rather than a spiffed-up segregated school, with better-paid teachers and textbooks in the classrooms.
They were right, and they were patient in that impatient about injustice but amazingly able to wait for real solutions way, and their intransigence was a witness that sparked the greatest movement for social equality our country has ever seen.
And the next thing I thought, as my son’s attention moved on to the next part of the exhibit, was…
I hope we can be as brave. And as tough. And as smart.
Times are tough, these days, for social service nonprofit organizations and for many of those we serve. We’re perennially out of money, and in begging-mode, and we are confronting serious challenges in a political context that’s often impervious to our sufferings.
That’s a dangerous combination, because it can breed a desperation that can push us to accept compromises that we know take us backwards, concessions that violate our most honored principles.
I see it when private organizations join together to pay for public services that the state has abandoned–we’re reaching for a Band-Aid because the need is so urgent, but we’re excusing public abdication of responsibilities core to our social contract.
I see it when organizations scramble to align themselves with even objectionable programming opportunities (“marriage promotion“, anyone?), because they’re trying to find ways to stay afloat, and to curry favor with government officials.
I even see it in myself, when I’m reluctant to take an Administration on on one front because we’re still negotiating on another–no, it’s not money at stake, but something arguably more valuable–my integrity.
I’m sure Linda Brown’s parents wanted her to go to a nice school. They may have even been approached with offers of upgrades, if they would just “be quiet”.
We need to all be thankful that they did not.
And we must, in the words of the song to which my 3 oldest kids and I danced in the gallery of the Brown site, in what used to be a school only for children with a certain color skin, we must not be moved.
Or bought.
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Posted in Analysis and Commentary
Tagged education, history, judicial policy, Kansas, racial justice