Our View: Illegal immigrants deserve equal rights, education

A well paying job, a home to call their own and children on the path toward educational success — it's the American dream for those who illegally immigrate to the United States. A bill proposed by Missouri Sen. Will Kraus, R-8, though, could turn their well-intentioned dream into more of a nightmare. 

Kraus' bill would force parents to prove their children's citizenship by providing a birth certificate before enrolling in the Missouri public school system. While this bill would not prohibit undocumented children from obtaining an education, it does put their names on a list of illegal immigrants. Kraus plans to use these lists to keep track of how much money Missouri taxpayers have spent toward funding illegal immigrant education to sue the federal government for not keeping illegal immigrants out of the country in the first place. 

The bill says the list will not be made available to the public. However, if Immigration and Naturalization Services request the information from a school board, the board would not be able to withhold the list. 

While immigration debates are not cut and dry, we think education is an entirely separate matter. One of the main arguments for this bill is that many illegal immigrants might not pay property tax — one of the largest contributors to financing public education. However, subjecting a child, and in turn his or her family, to potential inspection by the INS because of his or her desire for education, is unethical.   

In 1982, Texas proposed a similar bill, but it would have allowed school boards to not fund education to undocumented children. The bill was deemed unconstitutional because of the Equal Protection Clause of the 14th amendment to the U.S. Constitution, which states, "No state shall… deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws." 

The Texas bill was rejected because the Equal Protection Clause required the state to pay for the education of it's residents. Through the same clause, Missouri is obligated to pay for public education for all members of its school districts, meaning the federal government does not owe the state money, even if some of the children utilizing the public school system are not U.S. citizens. 

The Equal Protection Clause does not differentiate between citizens and illegal immigrants. So, as long a child lives in a school district, he or she is entitled to an education. This list desired by Kraus would make illegal immigrants unequal because it would put them at a higher risk of being deported.

Hypothetically speaking, the apartment of an illegal immigrant catches fire. Because American citizens' tax dollars pay for the fire department, should the illegal immigrants not receive help from the firefighters? It might seem extreme, but it's this type of unequal treatment Kraus has suggested should be put into practice.  

This bill also ignores the fact that illegal immigrants contribute to society. Regardless of whether they have the paperwork to legitimize their residency, illegal immigrants still pay sales tax at stores and have jobs that benefit the economy.  And, by educating second-generation immigrants, illegal or not, they have the potential to receive higher paying jobs to better themselves and the economy during the future. 

State budgets are dismal. We understand that every cent is vital, but these are people with real lives and real children who deserve an education free of potential INS threat and what the Constitution entitles them to — equality.