A Republican lawmaker appears to have backed away from a proposal that would have required New Hampshire public schools to report students’ immigration status. But if such a proposal returns, advocates say it would almost certainly invite a court challenge.
Earlier this month, a proposal to require “public schools to collect and annually report data regarding the immigration status of enrolled students and the number of students enrolled in English language learner programs” was one of hundreds of legislative service requests published on the General Court website. Sen. Bill Gannon, who represents Sandown and has been a lead advocate in the Legislature for limiting the rights of undocumented individuals, was listed as the prime sponsor.
As of Dec. 10, however, the proposal was removed. James Vara, director of the state office that drafts legislation for lawmakers, confirmed Wednesday that Gannon had withdrawn his bill.
Gannon did not return multiple messages from NHPR asking to discuss his plan, or whether he plans to bring this policy back in another form. He could introduce the legislation in January as a confidential bill, something only Senators can do. He could also amend another one of his immigration bills to include the reporting requirement.
The scope of Gannon’s initial proposal is unclear because the full text of the bill had not been made public. Unknown is whether he intended to target students who are in the country legally, such as refugees and immigrant children of U.S. citizens, or only undocumented students. Also unclear is what Gannon wanted to do with the information and whether he was aware that using immigration status to deny undocumented students a public education is prohibited.
Gannon’s draft legislation would have also required school districts to report the number of students enrolled in English Language Learner programs. The state already collects that data.
According to the Department of Education, there are nearly 5,500 students enrolled in “limited English proficiency” programs and nearly 1,600 being monitored for potential services. More than half of those 7,100 students are attending school in Manchester and Nashua. That count does not indicate how many undocumented students may be in those programs.
Manchester confirmed it does not inquire about students’ immigration status. A message to the Nashua School District was not returned, but school officials in the state said they are unaware of any school distinct collecting that information.
Should such a bill re-emerge and become law, New Hampshire would likely face a court fight, said Nicholas Espíritu, the law center’s deputy legal director with the National Immigration Law Center. Espíritu pointed to a 1982 U.S. Supreme Court decision.
While the ruling did not explicitly prohibit schools from asking about a student’s immigration status, it forbids states from doing anything that would interfere with a student’s access to that public education.
Reporting undocumented students’ immigration status could cross that line, Espíritu said, leading parents to keep children home out of fear.
“There aren't guarantees that this information, once in the hands of some government official, won't be then given to a federal government agency that might seek to deport these individuals,” he said.
Espíritu said the inevitable question for parents would be: “Do I put my child and family at risk, or do I deny my child an education?”
Gannon has been a lead advocate in the Legislature for limiting the rights of undocumented individuals with bills prohibiting them from having a state drivers’ license, which is already prohibited, and banning so-called sanctuary cities.
He has three additional immigration-related bills among the more than 900 bills lawmakers have proposed for the next session. Similar bills have failed in prior years. His proposals would invalidate out-of-state driver licenses held by undocumented individuals; require certain employers confirm their employers can work in the country legally; and require the state to cooperate with federal immigration officials.
The draft bill Gannon has withdrawn appears to be the first time he had sought the disclosure of students’ personal information.
Espíritu and the National Immigration Law Center will be watching the bill as it moves through the Legislature.
“We have successfully blocked laws that require the disclosure of immigration (status), and we will continue to ensure that schools are a welcoming and safe place for all students,” said Espíritu.
