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In January of 2012, HB 138 was introduced to the House. It requires public schools in the state of Virginia to determine whether the student enrolling in their school (no matter the grade) was born outside the jurisdiction of the United States and also qualifies for English as a Second Language class (ESL) or other remedial program. These students would then be tracked throughout the year, and the school would then compile a report to submit to the Virginia Department of Education of the impact these students have on the education system here in Virginia. On the surface this bill promises to only document the impact on the system that children of illegal aliens have. However, this bill has the potential to also lead to deportation of known illegal aliens. In the very last section of the bill (section F) it states that immigration statuses are to be kept confidential except, “for purposes pursuant to 8 U.S.C §§ 1373 and 1644. This is a Federal law that states that if the school district so chooses they can report the immigration status of all the children that enrolls at any of their schools to the Immigration and Naturalization Service (INS). As of now, school districts cannot deny education to any child; this is a way of making it more difficult for children who have parents who are illegal to access public education. It is also a way for illegal immigrants to be caught and potentially sent back.

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