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More on Rep Wes Cantrell’s HB 60 & HB 999 – his secret verification system will not work *School choice
K-12 “school choice” for illegal aliens is a bad idea
“School choice” is a good idea. But illegal aliens should be excluded from taxpayer-funded private school tuition benefits.
You can become familiar with the issue here.
Below are a few nuggets from Rep Wes Cantrell and a bit of simple legal reality. We will now sit back and watch the Gold Dome Dog and Pony Show on”school choice” in a state with more illegal aliens than Arizona.
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We are told that Rep Cantrell’s bill (s) “specifically prohibits those who are here illegally from participating in the (scholarship) program.” Where? What line number?
We assume Rep Cantrell means the “Promise Scholarship” proposed in HB 60 and HB 999. We see no language like that in either bill. There should be. All Cantrell has done is refer to a verification system in a state law, OCGA 50-36-1, which is unworkable for this purpose.
FACT: OCGA 50-36-1 does not require anyone to produce documents that prove lawful presence.
Rep Wes Cantrell is telling constituents and presumably other Republican legislators (it’s apparently still a secret to the Democrats, as he hid it in his committee presentation on HB 60 that saw zero public comments) that OCGA 50-36-1 (“the verification law”) “requires a person to provide proof they are lawfully present in our state in order to receive public benefits.”
It doesn’t.
The term “lawfully present” which, as noted by the 11th Circuit Court of Appeals, is not defined anywhere in the INA, refers to presence in the United States, not Georgia.
Presumably, Cantrell is referring to the section of the verification law that requires the applicant for public benefits to provide at least one “secure and verifiable document” as defined in OCGA 50-36-2. That affidavit can be seen here from the Georgia AG office website. It is clear that the secure and verifiable documents “may not be indicative of residency or immigration status.” Cantrell is wrong.
It should be noted that the intent of the legislation that created this part of the law was to require applicants to produce documents that provide proof of immigration status or U.S. citizenship.
FACT: OCGA 50-36-1 will not serve to verify eligibility of K-12 students for a state private school scholarship
The verification law was written to verify eligibility of adults or individuals near the age of eighteen. “…if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday.”
Neither the application nor the affidavit would have any effect in holding a 4th grader (for example) responsible for the accuracy of the information entered or the documents submitted. Unless the state somehow decides to prosecute a kid for false swearing.
There is no provision for anyone except the applicant for (and recipient of) the public benefit to complete the application or the affidavit. Repeat: There is no provision for parents to complete or sign anything. While I cannot find it now, I have seen Cantrell tell at least one person on a Facebook exchange that “the parents would sign the application for the student…” or words to that effect.
- Related: Rep Wes Cantrell’s latest “fix” for HB 999 & HB 60… isn’t
Cantrell’s unworkable verification solution could pave the way for massive fraud
The law says that mere completion of the application will serve as “presumed proof of lawful presence” until the information submitted attesting to eligibility is verified by the SAVE program. USCIS would not likely consider a query based on a second party signature on an application or an affidavit. Which means the SAVE program would not be completed. It is very probable that if Cantrell’s legislation were to become law as it is as I write on Feb 8, 2022 that the “verification system” Cantrell has set up would go no further than a K-12 student (or parent/guardian/custodian) signing off on an application completed by a parent/guardian/custodian and be filed away as a finished product because the SAVE program was never run.
State officials should carefully consider the obvious shortcuts, falsehoods and omissions involved in Cantrell’s plan
Is the “Promise Scholarship” a clear “public benefit” for USCIS?
Curious readers (not many of those in the House Education committee) will need to know the people at USCIS who run the SAVE program must have clear authorization and citation of a statute to verify the eligibility of the applicant for a specific public benefit. OCGA 50-36-1 lays out a list of public benefits that includes “grants” and “state grant or loan.” While the proposed “Promise Scholarship” in HB 60 and HB 999 may in fact fit into one of those two categories for the state purposes, it is not at all clear that it is specific enough for the USCIS staff to operate the SAVE reporting. In early February 2022 I spoke at length with a senior USCIS staffer in the Trump administraton several times on this topic.
As is stated above, under state law, if there is no SAVE check, the affidavit is regarded proof enough for the “verification.”
All of the above is predicated on the presumption that the Plyler v Doe SCOTUS decision and the far left would allow the state of Georgia to ask K-12 students and/or their parents about immigration status. Alabama tried that and was rebuffed. There is a much simpler way to do this.
We don’t see anyone taking the time to create a workable bill. What will happen if this train wreck were to make it to Gov Kemp’s desk and he had to veto it as unworkable (as if) after the Republican base was all “school choice!” juiced?
GA Attorney General Secure and Verifiable affidavit as per OCGA 50-36-1 (page 1 of 3)
Rep Wes Cantrell on Twitter HB 999
K-12 private school scholarship should be limited to U.S. citizens and Lawful Permanent Residents SB 601 HB 999 HB 60 #SchoolChoice
Update: August 31, 2022: The below draft language is evolving and incomplete.
The reference (crossed out below) we had posted here previously to most of the text of OCGA 20-3-519.1 will not work – posting the entire text was an editing error. – dak -Aug 30, 2022.
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DRAFT (partial)
Eligibility:
A student is ineligible for any “NAME OF SCHOLARSHIP” scholarship or grant described in this section if the student is not a United States citizen or lawfully admitted for permanent residence and a Lawful Permanent Resident under the federal Immigration and Nationality Act.
For purposes of this section, “lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with U.S. immigration laws, such status not having changed. Such status terminates upon entry of a final administrative order of exclusion, deportation, or removal as defined by the permanent resident alien.
Application for NAME OF SCHOLARSHIP:
The Department shall create a dedicated application for NAME OF SCHOLARSHIP.
The NAME OF SCHOLARSHIP application shall state that it shall only be accepted for processing if accompanied by a certified copy of the U.S. issued birth certificate or valid, unexpired U.S. passport or a current copy of the USCIS Form I-551 (green card). or
Form N-550, Certificate of Naturalization; or Form N-560, Certificate of Citizenship;or
Form FS-240, or Report of Birth Abroad of United States Citizen.
Applicants or parents/ guardians for NAME OF SCHOLARSHIP shall complete the NAME OF SCHOLARSHIP application
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A required, universal and dedicated application can and should be drawn up that requires parents/guardians/custodians of applicants for the state scholarship to enter a valid Social Security Number for both the student scholarship recipient and the parent/guardian/custodian who will be authorized to deal with any disbursement of the state money.
It is important that the state does not ask any questions regarding immigration status of students or parents/guardians. Excluding anyone not a U.S. citizen or LPR eliminates the need to ask status. There must be a state penalty for adults filing an application with false information and
Update, June 5, 2022: Exclusion language already partially exists:
“Eligible student’ has the same meaning as provided in Code Section 20-3-519.1.” But bill language must carefully list what ID shall be presented to prove status and all foreigners must present ID every year. See here.
Update: HB 999 & HB 60 died in committee. March 16, 2022: SB 601 failed to see final passage on the senate floor yesterday by a vote of 20-29. More here.
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“School choice!” HB 60 and HB 999 (updated 8 March: and now SB 601) should be amended to contain clear language that defines and limits eligibility and requires submission of the below forms with the application for scholarship consideration.
We urge the adults in the Capitol to limit the Wes Cantrell rushed-up, K-12 “Promise Scholarship” funding to U.S. Citizens and Lawful Permanent Residents (green card holders). We aren’t sure there is any There is no other way to insure the public funding doesn’t end up financing private schools for illegal aliens sooner or later.
Update, Feb 26, 2022: Note: I was asked by a senior Rep to send in draft language more than two weeks ago on this. I did. Then the House Republicans went silent on the illegal immigration topic. I did not receive a reply.
A required, universal and dedicated application can and should be drawn up that requires parents/guardians/custodians of applicants for the state scholarship to enter a valid Social Security Number for both the student scholarship recipient and the parent/guardian/custodian who will be authorized to deal with any disbursement of the state money.
Related: More on Rep Cantrell’s HB 60 & HB 999 – his verification system will not work
The application should state that it shall only be accepted for processing if accompanied by a certified copy of the U.S. issued birth certificate or valid, unexpired U.S. passport or a current copy of the USCIS Form I-551 (green card).
Or:
- Form N-550, Certificate of Naturalization;
- Form N-560, Certificate of Citizenship;
- Form FS-240, Report of Birth Abroad of United States Citizen.
We also urge all concerned to take their time, watch Cantrell & Co. carefully and to become acquainted with basic immigration facts. His current “fix” ..isn’t.
We say again: Georgia is home to more illegal aliens than Arizona and more arrive every week.
- Related: It took awhile to follow our noses on on this one but to nobody’s surprise it is coming in large part from the open borders Cato folks.
Rep Wes Cantrell’s latest “fix” for HB 999 & HB 60… isn’t
The Supreme Court says schools may not ask about immigration status
Rep Wes Cantrell is telling a lot of people that he has solved the problem created in his state-funded K-12 private school scholarship legislation. He hasn’t. He has two bills pending on this, HB 60 & HB 999. While I have not seen the language in the committee substitutes he took through the House Education Committee yesterday, I did watch the hearings online. I am glad I did. It confirmed my opinions of Rep Cantrell from my previous experiences.
This is Cantrell’s last year in the General Assembly. Note to Republican voters in his district. Please try harder next time?
Cantrell originally dodged the fact that previous versions of his bills (HB 999 & HB 60) contained no mechanism to prevent tax dollars from going to fund a private school education for illegal aliens. He only came up with an unworkable ‘remedy’ after public pressure started. We expect the same scenario in convincing him that the current “fix”… isn’t.
*Update, Feb. 3, 2022: Current version of HB 60.
We tried to wave Cantrell off of any method of verification of eligibility that involved asking the K-12 student (or parent) about immigration status. It’s amazing that Legislative Counsel in the Capitol didn’t do the same. To repeat: A landmark SCOTUS decision in 1982 (Plyler v Doe) requires states to offer K-12 education regardless of the student’s immigration status. It also prevents legally asking a K-12 student about immigration status – same for the student’s parents. You can read a summary or the syllabus.
As we have written before, Plyer v Doe does not address states paying for a private school education.
Cantrell has a lot of lobbying effort behind his push.
- Related: Cantrell’s legislation in a Breitbart news report: ‘Georgia Republicans draft legal giveaways to illegals’
While he kept it to himself when he presented his bills to committee members (I am told he did assure the GOP House caucus that he put new verification language in) yesterday, Cantrell says on Twitter that he has added language to insure that before the state of Georgia pays out the $6000 a school year scholarship, both the student and student’s parents (either one or both?) must meet the applicable verification requirements provided for in code section 50-36-1.
It so happens that I have been working on that code section since 2006. Cantrell’s solution idea will not work. I have an idea that might – but that is for later.
Georgia law in OCGA 50-36-1 sets the procedure for verifying eligibility of applicants for public benefits. In general, it requires applicants to swear they are eligible for a long list of public benefits because of either U.S. citizenship, a lawful permanent resident (“green card” holder) or “a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency” on a notarized affidavit.
In addition, the applicant is supposed to provide at least one “secure and verifiable document” to prove status and or identity. Then the office administering the benefit is supposed to run the information gathered through a federal database called “SAVE.”
My point is that even if the process described above is not fulfilled, before a K-12 student or his parent (s) can meet the applicable verification requirements provided in the law Cantrell cites, they must be asked to reveal their immigration status.
But none of this applies to someone under age eighteen. So we all need for Rep Wes Cantrell to explain in detail how the verification system he hid from committee members and the public would work.
As you can see on video from yesterday’s committee meeting, Rep Cantrell wasn’t interested in hearing public comment on his (HB 60) substitute language either. He stopped the chairman in mid-sentence when it was time for public input.
Yes, I know how dry and boring all this is. The alternative to understanding it is tax dollars going to fund a private K-12 school education for illegal aliens. As I said, I don’t know if there is a way to exclude the huge illegal school population from Cantrell’s “Promise Scholarship” but I have an idea.
We repeat: Not one committee member asked Cantrell about illegal immigration in his bill.
An informed caller asks Erick Erickson to explain that HB 999 will create a program in which the state would make payments to illegal alien students
Erick Erickson on his national radio show today promoting HB 999
Here are the contents of HB 999 – payments to illegal alien students with oversight by illegal alien parents/guardians/custodians included. What could go wrong?
Republican Rep Wes Cantrell’s proposed new taxpayer-funded scholarship program includes illegal aliens – HB 999
Note: Feb. 1, 2022: “They” are in hurry up mode. HB 999 passed out of House Education committee today on a voice vote. A very similar bill, HB 60 passed out of full committee today too. Number of committee members who asked about benefits going to illegal aliens? Zero.
* How’s this for speedy service? HB 999 House hopper Jan. 25. Voted out of subcommittee Feb 1 – that’s four session days.
State payments (grants/cash allowance/state grant or loan) to illegal alien students handled by illegal alien parents with official oversight on compliance by illegal alien parents – what could go wrong?
Georgia is home to more illegals than Arizona.
Update again, Jan. 28 2022, 1:30 PM : Erick Erickson just promoted HB 999 on his national radio show. Listen here. I was allowed on the air for 56 seconds and made the point that the bill won’t fly for many people here and he should consider explaining the reality of payments to illegals in his next pitch for the bill. He hung up, but kept on topic for another few minutes. Listen here.
Update: Jan 28, 2022, 7:50 AM : Radio show host Erick Erickson is on WSB Radio during this morning’s drive time news segment promoting HB 999.” Three Democrats on the bill!” “A bipartisian coalition!” “Sponsor is a preacher!” “First time ever in Georgia!” He is also advancing the cause of this “school choice” legislation on his Twitter feed. Don’t miss it!
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- Related: Breitbart News has taken note of this and other Georgia bills with a January 30, 2022 news story.
“The Georgia Educational Freedom Act”
HB 999 – as introduced
LC 49 0739 <–
Sponsors: Rep Wes Cantrell (R) of the 22nd, Mike Glanton (D) of the 75th, Angela Moore (D) of the 90th, Heath Clark (R) of the 147th, Patty Bentley (D) of the 139th, Kasey Carpenter (R) of the 4th and others (names of “others” coming soon).
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We see no requirement for student recipients or parents to prove legal immigration status. We don’t see mention of any immigration verification system or check.
Note: The 1982 Plyler v Doe SCOTUS decision mandates states to provide K-12 public education regardless of immigration status. It does not address creation of a special or alternative K-12 system or scholarships.
Reminder to all concerned on amendments to this train wreck: Plyler V Doe prohibits even asking K-12 students about immigration status and that restriction applies to the student’s parents.
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Executive version at first reading Jan. 27, 2022 1:00 PM (not final analysis):
* Creates state law to provide $6000 per school year “Promise Scholarship” for an alternative to public K-12 school for any student who has a parent, guardian or custodian who lives in Georgia. This would apparently include illegal alien students and/or parents.
* The student must have attended a Georgia public school for six weeks prior to participation in the new taxpayer-funded ‘Promise Scholarship.’ This would apparently include illegal aliens.
* The new “Promise Scholarship” would be funded by the state taxpayers and subject to appropriations. The legislation authorizes the Georgia Student Finance Commission to participate in the new scholarship account program.
* Quarterly payments would be made to an account set up for the student and then parents are designated to handle payment to the alternative schools. This would apparently include illegal aliens.
* A “participating student shall continue to be eligible to receive account funds until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for special education students, reaches the age of 21 years.” This would apparently include illegal aliens.
* Funds paid shall not constitute taxable income of the parent of the participating student. This would apparently include illegal aliens.
* Establishes an executive director who would appoint a review committee made up of eight parents to monitor compliance in administering the state-provided funds. These review committee parents apparently could be illegal aliens.
* Creates a lottery process governed by chance to award funding to students if either the number of participating students or the number of applications for accounts exceeds the funds available for the new scholarship. This lottery would apparently include illegal aliens.
* “Student information shall be reported and collected in a manner that allows the state to aggregate data by grade level, gender, family income level, and race.” This aggregated data would not include immigration status.
- Related: More from Republican Reps Wes Cantrell and Kasey Carpenter.
HB 999: Covered “qualified education expenses’ means any one or more of the following:
(A) Tuition, fees, and required textbooks at a participating school;
(B) Tuition, fees, and required textbooks at a community college or accredited postsecondary institution;
(C) Tutoring services provided by an educator certified by the Professional Standards Commission;
(D) Payment for the purchase of a curriculum, including any supplemental materials required by the curriculum;
(E) Tuition and fees for a nonpublic online learning program or course;
(F) Services from a physician or therapist licensed pursuant to Chapter 10A, 28, 33, 34, or 44 of Title 43, including, but not limited to, for occupational, behavioral, physical, or speech-language therapies;
(G) No more than $500.00 per year to a fee-for-service transportation provider for transportation to or from a participating school or service provider;
(H) Fees for the management of account funds in accordance with subsection (e) of Code Section 20-2B-7; or
(I) Computer hardware or other technological devices approved by the commission or a physician if the computer hardware or other technological device is used to meet the student’s educational needs.”