Professional Documents
Culture Documents
Moral Scenario 2
Moral Scenario 2
Ethical Questions
1) Should the teacher tell someone that the student was an undocumented resident
alien (consequently reporting her family as well)?
2) Should the teacher help the student attain legal status?
Arguments
No
1) All children have an equal right to a public education K-12, even if they are
undocumented. Backed by US Education Department and Justice Department
2) State ex rel. School-District Bd. v. Thayer, 74 Wis. 48, 41 N.W. 1014 (1889)
TheWisconsinSupremeCourthasstatedthatachildisaresidentwhereheorshelives,regardlessofwherehisorher
parentlives,unlessheorsheisthereforthesolepurposeofhavingprivilegesofthepublicschoolofthedistrictto
whichhemaybetransferred.6Thus,ifthemainpurposeofthechildresidinginthedistrictisnottotakeadvantageof
theparticularpublicschoolofthedistrict,thechildisaresidentofthedistrictinwhichheorshelivesandisnot
requiredtopaytuition.Asaresult,adverseactionagainstresidentundocumentedstudentsshouldbeavoided.
2)
3)
4)
5)
6)
status is known.
Pressure to report from public opinion
Plyer v. Doe is the major case, legal precedent that everyone refers too. But
existing state laws and court cases vary so your situation could turn into a legal
matter.
It is a crime to harbor an undocumented resident alien in any place. Schools could
be considered locations where personnel may be found to be harboring illegal
aliens. An argument could be made that schools may be technically harboring
illegal aliens by allowing undocumented children to attend school during the day.
If teacher reports student, then parents may be detained but not student and its the
schools responsibility to make sure student has a safe place to go. Schools cannot
release students into potentially hazardous situations. School districts may be
liable for negligent supervision if they do so.
State laws dealing with illegal immigrants are becoming stricter.
a) In Alabama, the law requires schools to report student immigration statuses.
b) In 2010, Arizona passed legislation making it a crime to be undocumented in
the state and requiring law enforcement officials to inquire about an individuals
immigration status when they suspect that he or she may be undocumented.
Officials in school districts with large immigration populations have questioned
the role of school resource officers who work in the schools but operate under the
direction of law enforcement agencies.
c) Similar bills have also been introduced in Georgia, Mississippi, Indiana,
Florida, Nebraska, Kentucky, Utah, Pennsylvania, Texas, and South Carolina.
d) Legislation under consideration in Texas would require school districts to ask
for proof of legal immigration status and report the number of undocumented
students who attend public schools.
Decision
In this ethical scenario, an undocumented resident alien student, I would not
report her or her family. This is both a consequentialist and non-consequentialist decision.
If I were to report this student, her and her family could be deported back to their home
country. This could potentially impact numerous people. Maybe they have nothing to go
back to, or it would be dangerous for them to go back. And what are the opportunities for
this student in their home country? In Mexico, for example, education is provided free
until third grade, after that, families have to pay for it. So, this student would have a
higher chance for success here in the US. She may not be able to attend college until the
proper paperwork is filed but at least she would have twelve years of education instead of
three. I would, as her teacher, assist her with or put her in contact with someone, to attain
US citizenship. It is also my duty, as an educator, to provide education to all students,
regardless of their economic, social, or legal status. The US Education Department and
Justice Department issued statements to all schools that they are obligated to do so.
Wisconsin does not currently have a law requiring schools to document and report
immigration status, they operate under Plyer v. Doe.