The Weekly Round-Up: New Jersey Schools Sued over Immigration Enrollment Policies and Worksite Enforcement, Plus Raids up over 400%
ACLU Sues New Jersey Schools to Change Policies Related to Immigrant Students
On Thursday, the American Civil Liberties Union (ACLU) filed multiple lawsuits against school districts throughout the state of New Jersey, alleging that the schools were requiring parents to provide proof of immigration status in the United States or a valid Social Security number, violating state law.
The lawsuits targeted 11 school districts and one charter school, including Watchung Hills Regional High School in Somerset County, Northern Valley Regional High School District in Bergen County, East Orange Community Charter School in Essex County, West New York School District in Hudson County, Harding Township School District in Morris County, Cranford School District in Union County, and Winslow Township School District in Camden County.
The ACLU states that it has been settled law in New Jersey for more than 30 years that schools cannot condition school enrollment on proof of lawful immigration status in the United States. The organization alleges that the school district defendants nevertheless required parents to provide certain information or forms of identification that can be obtained only with a social security number or lawful immigration status. Several of the school districts have already denied wrongdoing: Watchung Hills Regional School District Superintendent Elizabeth Jewett stated that the district “does not condition entry . . . based upon a student’s or parent’s immigration/visa status or any other discriminatory reason.” Northern Valley Superintendent James Santana stated, according to NBC, that the state complies with all laws in this respect, and that it will “vigorously defend” itself “against these baseless charges.”
This suit comes only two years after the ACLU sued more than 10 other New Jersey School Districts for the same reason. Those cases were quickly settled out of court, and the schools’ policies were amended to comport with the law. The NMM Immigration Blog will continue to cover this story as it develops.
Worksite Enforcement of Immigration Laws and Regulations up More Than 400%
The Department of Homeland Security announced this week that it had conducted more than 6,000 investigations into businesses across the country related to the enforcement of immigration rules, including 675 criminal arrests and 984 administrative arrests related to worksite enforcement.
One of the largest components of this increase in worksite investigation is the I-9 audit, in which ICE inspects the documentation prepared and collected by employers at the time each employee is hired. If ICE determines that I-9 violations occurred – such as failure to collect sufficient information on the employee, failure to complete Form I-9, or employment of persons not lawfully permitted to work in the United States – it has the power to impose fines for each and every violation, as well as file criminal charges. According to ICE’s website, the agency’s Homeland Security Investigations unit (HSI) has served audit notices to more than 5,200 businesses since January, focusing “on the criminal prosecution of employers who knowingly break the law, and the use of I-9 audits and civil fines to encourage compliance with the law.” According to Acting HSI Executive Associate Director Derek N. Benner, the unit wants to “create a culture of compliance among employers.”
If you are an employer and want to know if you are in full compliance of immigration laws, please consult with an experienced immigration attorney.
If you have questions about topics covered in today’s weekly round-up or other immigration matters, contact me at wcmenard@nmmlaw.com.
