Speech #970225513

Mr. President. this amendment seeks to establish a congressional policy to restore the right of the States to provide or not provide. as they see fit. free public schooling and other benefits to illegal aliens. In a June 1982 case the Supreme Court ruled that in the absence of congressional policy on this matter the Constitution does not allow the States to withhold free public schooling from illegal aliens. I propose by this amendment to provide the congressional policy the Supreme Court said was lacking. In the case of Plyeer against Doe. the Court asserted that a distinction by the States between illegal aliens and legal residents in providing free public schooling was not "rational" under the Courts 14th amendment analysis. The Court. speaking through Justice Brennan said: Faced with an equal protection challenge respecting the treatment of aliens. we agree that the courts must be attentive to congressional policy. the exercise of congressional power might well affect the States prerogatives to afford differential treatment to a particular class of aliens. But we are unable to find in the congressional immigration scheme any statement of policy that might weigh significantly in arriving at an equal protection balance concerning the States authority to deprive these children of an education. Justice Brennan continued: [Iln the area of special constitutional sensitivity presented by this case. and in the absence of any contrary indication fairly discernible in the present legislative record. we perceive no national policy that supports the state In denying these children an elementary education. Mr. President. it is the purpose of my amendments to fill the gap in Federal policy perceivedrightly or wronglyby Justice Brennan. The amendment consists of two basic parts. The first part lists congressional findings and declarations to the effect that illegal immigration is a threat to national security and also burdens Federal and State treasuries. It further states that U.S. policy is to discourage illegal immigration and that the States should thus be free to provide or not provide public benefits to illegal aliens in their discretion. The second part of my amendment reduces these principles to a provision of Federal law. It says: "No State shall be required to provide free public services. including free public education. to illegal aliens and their dependents." The Intent here is to restore the right of the States to withhold public services. if they so choose. consistentI emphasize thiswith Federal immigration law and policy. Mr. President.