[House Report 118-113]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-113
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CONDEMNING THE USE OF ELEMENTARY AND SECONDARY SCHOOL FACILITIES TO
PROVIDE SHELTER FOR ALIENS WHO ARE NOT ADMITTED TO THE UNITED STATES
_______
June 14, 2023.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Foxx, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H. Res. 461]
The Committee on Education and the Workforce, to whom was
referred the resolution (H. Res. 461) condemning the use of
elementary and secondary school facilities to provide shelter
for aliens who are not admitted to the United States, having
considered the same, reports favorably thereon with amendments
and recommends that the resolution as amended be agreed to.
The amendments are as follows:
Amend the preamble to read as follows:
Whereas sheltering aliens who are not admitted to the United States in
school facilities will divert educational resources from children already
suffering from historic learning loss;
Whereas, on May 16 and 17, 2023, about 300 such aliens were sheltered in
current or former public school gymnasiums in New York City, and Mayor Eric
Adams announced plans to use as many as 20 public school gymnasiums as
overflow housing for such aliens;
Whereas turning schools into housing centers for such aliens compromises
schools' duty to educate enrolled children and keep them safe;
Whereas hosting such aliens on school campuses poses a significant safety
risk to school children and compromises schools' ability to secure their
own campus;
Whereas using school gymnasiums as housing for such aliens may impede
children's access to safe recreation and physical education, may force
children to spend their entire school day with little exercise, and may
disrupt the ordinary routines of the school day;
Whereas a public elementary or secondary school should be ineligible to
receive Federal financial assistance if it is used to shelter, house, or
otherwise serve as a sanctuary for, aliens not admitted to the United
States;
Whereas the Biden administration has created these problems with a failed
border security strategy that has encouraged illegal aliens to cross the
border, tallying more than 10,000 a day ahead of the May 11, 2023,
expiration of the public health emergency relating to COVID-19, declared
under section 319 of the Public Health Service Act (42 U.S.C. 247d), and of
the concomitant power of the President, under section 362 of such Act (42
U.S.C. 265), to prohibit entries of persons into the United States from
certain countries or places; and
Whereas the school children in the United States should not bear the burden
for the disastrous immigration policies of either the Biden administration
or local leaders: Now, therefore, be it
Strike all after the resolving clause and insert the
following:
That the House of Representatives condemns the use of public elementary
or secondary school facilities that serve students to provide shelter
for aliens who are not admitted to the United States.
PURPOSE
Public school facilities should be used for educating
children, not housing illegal immigrants. Unfortunately, this
basic principle seems to have been lost on New York City. On
May 16, 2023, New York City Mayor Eric Adams announced plans to
house asylum seekers in up to 20 current and former public
schools with free-standing gyms.\1\ While a community outcry
ultimately put a stop to New York City's plans, these actions
set a troubling precedent for the future. Housing illegal
immigrants on school campuses poses a significant safety risk
to school children, impedes children's access to the
educational resources they need, and distracts schools from
their core mission of education. Therefore, H. Res. 461
expresses the House of Representatives' condemnation of the use
of public elementary and secondary school facilities to provide
shelter for aliens not admitted to the United States.
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\1\https://abcnews.go.com/US/new-york-city-moving-migrants-school-
gyms-mayor/story?id=9936 0087.
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COMMITTEE ACTION
116TH CONGRESS
Second Session--Hearings
On December 4, 2019, the Committee on Education and Labor
held a hearing on ``Growing Up in Fear: How the Trump
Administration's Immigration Policies Are Harming Children.''
The purpose of this hearing was to examine the effect of the
Trump administration's immigration policies on children's
development and well-being and on children's access to
education and child nutrition programs. Testifying before the
Committee were Mr. Mark H. Metcalf, County Attorney, Gerrard
County, Kentucky; Dr. Gabriela Barajas-Gonzalez, Assistant
Professor, Center for Early Childhood Health and Development,
New York University School of Medicine; Dr. Olanrewaju (Lanre)
Falusi, Associate Medical Director of Municipal and Regional
Affairs at the Child Health Advocacy Institute; and Mr. Pedro
Martinez, Superintendent, San Antonio Independent School
District.
118TH CONGRESS
First Session--Hearings
On February 8, 2023, the Committee on Education and the
Workforce held a hearing on ``American Education in Crisis.''
The purpose of the hearing was to examine the state of American
education, including the needs to add transparency and
accountability, to update the education system to serve the
needs of students and families, and to protect and restore the
rights of parents to have a say in their children's education.
The hearing specifically referenced the effect of growing
migrant populations on schools. Testifying before the Committee
were Ms. Virginia Gentles, Director, Education Freedom Center,
Independent Women's Forum, Arlington, Virginia; Dr. Monty
Sullivan, President, Louisiana Community and Technical College
System, Baton Rouge, Louisiana; Mr. Scott Pulsipher, President,
Western Governors University, Salt Lake City, Utah; and Mr.
Jared Polis, Governor, State of Colorado, Denver, Colorado.
On May 16, 2023, the Committee on Education and the
Workforce held a hearing on ``Examining the Policies and
Priorities of the U.S. Department of Education.'' The purpose
of the hearing was to review the Fiscal Year 2024 budget
priorities of the U.S. Department of Education. The hearing
specifically referenced the importance of school safety and of
ensuring that all students have access to the educational
resources they need. Testifying before the Committee was The
Honorable Miguel Cardona, Secretary, U.S. Department of
Education, Washington, D.C.
Legislative Action
On June 1, 2023, Rep. Mariannette Miller-Meeks (R-IA)
introduced H. Res. 461, Condemning the use of elementary and
secondary school facilities to provide shelter for aliens who
are not admitted to the United States, with Rep. Brandon
Williams (R-NY) as an original cosponsor. On June 6, 2023, the
Committee considered H. Res. 461 in legislative session and
reported it favorably, as amended, to the House of
Representatives. The Committee adopted the following amendments
to H. Res. 461:
1. Substitute Amendment to Whereas Clauses--This
substitute amendment made one technical change to the
whereas clauses. The clause that school children in
America should not ``pay'' for disastrous immigration
policies was changed to ``bear the burden.''
2. Substitute Amendment to Resolved Clause--This
substitute amendment made one technical change to the
resolved clause. The clause that migrants should not be
housed in ``the facilities of a public elementary or
secondary school'' was changed to ``public elementary
or secondary school facilities.''
3. Federal Financial Assistance--This amendment
expresses the sense of Congress that public schools
that shelter, house, or otherwise serve as sanctuaries
for aliens not admitted to the United States should not
receive federal financial assistance.
COMMITTEE VIEWS
INTRODUCTION
Public school facilities should be used for educating
children, not housing illegal immigrants. Unfortunately, this
basic principle seems to have been lost on New York City. On
May 16, 2023, New York City Mayor Eric Adams announced plans to
house asylum seekers in up to 20 current and former public
schools with free-standing gyms\2\ While the city eventually
reversed course after a public outcry, the mayor's plans
wrongly placed illegal immigrants over children, distracted
schools from their duty to educate children, and compromised
schools' ability to secure their own campuses. Consequently,
this resolution condemns the use of the facilities of a public
elementary or secondary school to provide shelter for aliens
not admitted to the United States.
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\2\https://abcnews.go.com/US/new-york-city-moving-migrants-school-
gyms-mayor/story?id=9936 0087.
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New York City is facing an illegal immigration crisis
New York City's plans to house immigrants in schools were
motivated in part by the large surge of migrants the city has
faced in recent months. According to city officials, about
65,000 asylum seekers have come through the city since last
spring, with up to 4,500 arriving in a single week in May.\3\
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\3\https://www.cnn.com/2023/05/17/us/new-york-orange-county-
migrant-restraining-order/index .html.
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This influx of migrants is putting a strain on the city's
resources. As of mid-May, New York Governor Kathy Hochul
reported that New York City is housing 36,700 migrants across
120 locations. This housing comes at a cost. By one estimate,
New York City expends $5 million per day housing illegal
immigrants.\4\ One factor driving the cost is that the city has
run out of shelter space and is turning to non-traditional--and
often expensive--options to house illegal immigrants. One
estimate reports that 40 percent of New York City's ``mid-level
hotel stock'' deemed suitable for migrants is now being used
for migrant housing.\5\
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\4\https://nypost.com/2023/03/03/bidens-migrant-mess-costing-new-
york-city-5-million-a-day/.
\5\https://abcnews.go.com/US/new-york-city-moving-migrants-school-
gyms-mayor/story?id=9936 0087; https://www.nytimes.com/2023/05/18/
nyregion/migrant-housing-shelters-nyc.html.
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Exacerbating the migrant crisis is New York City's chosen
status as a sanctuary city with a long history of defying
federal immigration enforcement. As such, the city refuses to
cooperate with Immigration and Customs Enforcement (ICE),
withholding relevant information such as citizenship status,
arrest data, and addresses. In the past, New York leaders have
even flaunted their opposition to enforcing immigration law.
For instance, during his re-election campaign in August 2018,
then-Gov. Andrew Cuomo asserted, ``New York state is the state
that said we will not cooperate with ICE, they're a bunch of
thugs.''\6\ These policies make it drastically harder for the
federal government to address the illegal immigration problem,
attract ever increasing numbers of illegal immigrants to New
York City, and drain the city's financial resources.
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\6\https://nypost.com/2023/04/10/new-york-just-cant-afford-to-
remain-a-sanctuary-city/.
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The Biden administration helped cause the immigration crisis
Locales such as New York City have received surges of
migrants in large degree because the Biden administration has
failed to secure the border. In May, the average number of
unauthorized entries per day soared to 10,000 in advance of the
expiration of Title 42, which allowed US border agents to expel
migrants on public health grounds.\7\
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\7\https://www.cbsnews.com/news/immigration-title-42-border-
crossings-drop-migrants/.
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More broadly, there is a long track record of immigrants
attempting to enter illegally during the Biden administration.
A June 2022 Senate Committee on Foreign Relations report
stated, ``Since January 2021, U.S. law enforcement has
encountered over 2.6 million migrants trying to enter the
United States illegally from Mexico, northern Central America,
and countries beyond. On average, over 171,840 migrants have
sought to enter the United States illegally per month during
this period, with the highest monthly total reaching 234,088 in
April 2022.''\8\
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\8\https://www.risch.senate.gov/public/_cache/files/5/0/5082e293-
b23d-4726-a581-dc428517a843/9FB8D6A16D2415A013D48761339299C6.bidens-
border-crisis.pdf.
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When the Biden administration fails to secure the border,
it has myriad detrimental effects. An unsecured border means
that law enforcement resources must be diverted, that cities
and states must make contingency plans for humanitarian aid,
and that state and local officials must contend with the
security risk of unvetted personnel in the country.
School children should not bear the burden of failed Democrat policies
New York City's plans to house illegal immigrants in
schools distracts schools from their core mission of educating
students. Hosting illegal immigrants on school campuses poses a
significant safety risk to school children and compromises
schools' ability to secure their own campuses. Furthermore,
using school gymnasiums as housing for illegal aliens may
impede children's access to safe recreation and physical
education, may force children to spend their entire school day
with little exercise, and may disrupt the ordinary routines of
the school day.
These effects are especially pernicious in light of the
devastating learning loss students suffered during the
pandemic. In 2022, National Assessment of Educational Progress
scores for reading and math declined significantly. Reading
scores were not significantly different from when the test was
first administered in 1992, wiping out two decades of
progress.\9\ Math scores declined by the largest amount since
the test was begun in 1990.\10\ Eighth-grade history and civics
scores likewise fell to their lowest points since the
assessments were begun in the 1990s.\11\ At a time when
students are struggling to recover from devastating pandemic
school closures, the last thing they need is to be distracted
by migrants living in their schools.
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\9\https://www.nationsreportcard.gov/reading/?grade=8.
\10\https://www.nationsreportcard.gov/highlights/mathematics/2022/.
\11\https://www.nationsreportcard.gov/ushistory/; https://
www.nationsreportcard.gov/civics/.
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More broadly, New York City's attempts to house illegal
immigrants in public schools are symptomatic of a larger
problem in which schools are being forced to bear the burden of
unenforced immigration law. Some school districts even seem to
be considering mirroring New York City's plans. In Chicago, for
instance, local leadership is reportedly considering housing
hundreds of illegal immigrants in a shuttered high school.\12\
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\12\https://nypost.com/2023/05/12/chicago-residents-shred-
politicians-over-plans-to-house-illegal-immigrants-at-high-school/.
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Numerous schools around the country are facing an influx of
illegal immigrants and are facing difficult questions about how
to best allocate resources. In Miami-Dade County, nearly 20,000
migrant students enrolled in public schools during the 2022-23
school year.\13\ District 2 in Manhattan saw 5,500 migrant
students enroll in the city's public schools in the same school
year--a 20 percent increase.\14\ In El Paso, a surge of 1,500
illegal immigrants required the district to spend $300,000
daily, or nearly $10 million, in September alone to care for
the migrant students.\15\ These school districts are paying a
direct price for Democrat policies that ignore and exacerbate
the immigration crisis.
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\13\https://www.nbcnews.com/news/latino/miami-dade-sees-high-
immigrant-student-enrollment-seeks-funding-rcna81669.
\14\https://nypost.com/2022/10/11/nyc-schools-struggle-to-cope-
with-influx-of-5500-migrant-kids/.
\15\https://patch.com/texas/across-tx/border-surge-inundates-
school-districts.
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This influx of illegal immigrants has numerous immediate
impacts on schools. For instance, an unexpected surge in
migrants may cause classroom overcrowding and the need for new
school facilities or portable classrooms. A surge in migrants
may also create a strain on student-to-teacher ratios and the
amount of time that teachers can spend with each individual
student. In the long term, the local community may be asked to
pay higher taxes to fund the influx of students.
CONCLUSION
The school children of America should not pay for the
disastrous immigration policies of either the Biden
Administration or of local leaders. It is time to send a
message that schools should be used for educating children, not
sheltering adults who chose to enter the country illegally.
This resolution would send a clear message to both New York
City and any other locale considering placing the needs of
illegal immigrants over their own children.
SUMMARY H. RES. 461 SECTION-BY-SECTION SUMMARY
Preamble
Includes multiple ``Whereas'' clauses
highlighting troubling uses of school facilities to
shelter aliens not admitted to the United States.
Resolved
Expresses the condemnation of the U.S. House
of Representatives for the use of public elementary or
secondary school facilities that serve students to
provide shelter for aliens who are not admitted to the
United States.
EXPLANATION OF AMENDMENTS
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H. Res. 461 sends a clear message that children who
attend public elementary and secondary schools should not bear
the burden of the Biden administration's disastrous immigration
policy.
UNFUNDED MANDATE STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. Because the legislation is a House resolution merely
expressing the sense of the House of Representatives, it
requires no action so it does not include any unfunded
mandates.
EARMARK STATEMENT
H. Res. 461 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House rule XXI.
ROLL CALL VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause (3)(c) of House rule XIII, the
goal of H. Res. 461 is to express the sense of the House of
Representatives that public elementary and secondary school
students should not bear the burden of the Biden
administration's failed immigration policy.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H. Res. 461 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS
OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
REQUIRED COMMITTEE HEARING AND RELATED HEARINGS
In compliance with clause 3(c)(6) of rule XIII, the
following hearings held during the 118th Congress were used to
develop or consider H. Res. 461: On February 8, 2023, the
Committee held a hearing on ``American Education in Crisis''
and on May 16, 2023, the Committee held a hearing on
``Examining the Policies and Priorities of the U.S. Department
of Education.''
NEW BUDGET AUTHORITY AND CBO COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has requested,
but not received, a cost estimate for H. Res. 461 from the
Director of the Congressional Budget Office.
COMMITTEE COST ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H. Res. 461. The
Committee requested, but was not provided, a cost estimate for
the resolution from the Director of the Congressional Budget
Office (CBO) because the CBO determined the resolution has no
associated cost. In addition, because the legislation is a
House resolution merely expressing the sense of the House of
Representatives and it does not require any action, the
Committee concludes that it will have no effect on the federal
budget and does not affect revenues or direct spending.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Clause 3(e) of rule XIII of the Rules of the House of
Representatives does not apply to committee reports on simple
resolutions. In any event, the Committee finds that this
legislation, if agreed to by the House, would make no changes
to existing law.
MINORITY VIEWS
INTRODUCTION
H. Res. 461 is a resolution that ``condemns the use of the
facilities of a public elementary or secondary school that
serves students to provide shelter for aliens (sic) who are not
admitted to the United States.''\1\ The resolution specifically
references events in New York City, which temporarily used
public school gymnasiums to shelter migrant families at a time
when numbers were on the rise in May 2023.\2\
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\1\Condemning the use of elementary and secondary school facilities
to provide shelter for aliens who are not admitted to the United
States, H. Res. 461, 118th Cong. (2023).
\2\Hurubie Meko, New York City Plans to House Migrant Families in
Public School Gymnasium, N.Y. Times (May 12, 2023, updated May 16,
2023), https://www.nytimes.com/2023/05/12/nyregion/ny-migrants-public-
school-gym.html.
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THE EQUAL PROTECTION CLAUSE APPLIES TO UNDOCUMENTED IMMIGRANTS IN THE
EDUCATION SETTING
In 1982, the U.S. Supreme Court held in Plyler vs. Doe that
children who are not legally admitted to the country have the
right to a free public education under the Equal Protection
Clause of the Fourteenth Amendment.\3\ Plyler is still the law
of the land.
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\3\457 U.S. 202 (1982).
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While the language of H. Res. 461 does not question or
challenge this law, much of the Committee Republicans' rhetoric
surrounding this issue is based on the fact that the
undocumented immigrants at issue in the resolution are not
taxpayers, and therefore they should not be eligible to receive
public resources and support. Yet when it comes to receiving an
education in public schools, a subject actually under the
jurisdiction of this Committee, the Plyler decision makes clear
that a student's taxpayer status is not relevant.
THE U.S. HAS A LONG HISTORY OF USING SCHOOLS AS SHELTERS
Schools have long been used to shelter people. The Federal
Emergency Management Agency (FEMA) of the U.S. Department of
Homeland Security includes schools among other locations such
as houses of worship and community centers as an option for a
congregate shelter.\4\ For example, as the National Education
Association highlighted, ``Public schools and public school
staff are the hub of a community, and in hurricane-prone parts
of the country, they can be relied upon to open and staff
shelters and transport evacuees during the storm. They did it
in Texas, and a few weeks later, they did it in Florida,
too.''\5\ Florida even cancelled classes in order to prepare
schools for use as shelters in advance of Hurricane Ian.\6\
North Carolina used schools as shelters after Hurricane
Florence.\7\ Schools constituted 22% of shelters after
Hurricane Katrina.\8\ New York City, the only locality called
out in H. Res. 461, used schools to shelter people after
Hurricane Sandy; in that instance, ``[t]he residents shared
entrances with the students unlike the city's current plan
where there are separate entrances for the shelter.''\9\
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\4\U.S. Dep't of Homeland Sec., Planning Considerations: Disaster
Housing--Guidance for State, Local, Tribal and Territorial Partners at
8 (May 2020), https://www.fema.gov/sites/default/files/2020-07/
planning-considerations-disaster-housing.pdf.
\5\Cindy Long, Public Schools Offer Shelter from the Storm, Nat'l
Educ. Ass'n (Sept. 15, 2017), https://www.nea.org/advocating-for-
change/new-from-nea/public-schools-offer-shelter-storm.
\6\Marlene Sokol and Jeffrey S. Solochek, Do you plan to stay in a
shelter for Hurricane Ian? Here's what to expect, Tampa Bay Times
(Sept. 26, 2022), https://www.tampabay.com/hurricane/2022/09/26/do-you-
plan-stay-shelter-hurricane-ian-heres-what-expect/.
\7\Dedrick Russell, CMS Schools used as shelters for people fleeing
Hurricane Florence, WBTV (updated: Sept. 12, 2018, 8:10 pm EDT),
https://www.wbtv.com/2018/09/13/cms-schools-used-
shelters-people-fleeing-hurricane-florence/.
\8\Stacey R. Brown, Jonathan C. Comer, and Thomas A. Wikle, The
Locations of Temporary Shelters After Hurricane Katrina, ResearchGate
(Apr. 2007), https://www.researchgate.net/
profile/Thomas-Wikle/publication/
340610775_THE_LOCATIONS_OF_TEMPORARY_SHELTERS
_AFTER_HURRICANE_KATRINA/links/5e95012392851c2f529f364e/THE-LOCATIONS-
OF-TEM PORARY-SHELTERS-AFTER-HURRICANE-KATRINA.pdf.
\9\Alex Zimmerman and Amy Zimmer, Housing migrants in school gyms:
What we know (and don't) about NYC's shelter plans, Chalkbeat N.Y. (May
16, 2023, 4:56 pm EDT), https://ny.chalkbeat.org/2023/5/16/23726093/
nyc-school-gyms-emergency-shelter-asylum-migrants.
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Weather related emergencies are not the only reason
localities use schools as shelters. Just six months ago,
Chicago, Illinois, planned to use a school as a temporary
shelter for about 100 migrants,\10\ and El Paso, Texas,
prepared vacant schools to shelter migrants.\11\ Yet, Committee
Republicans chose to vilify only New York City for its
humanitarian efforts. Moreover, Committee Republicans failed to
acknowledge that New York City has such a large influx of
migrants due to the migrants being bused there from other
states such as Texas.\12\ H. Res. 461 does not mention or
condemn these types of actions.
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\10\Chicago school to be used as temporary shelter for migrants,
mayor's office confirms, ABC7 Chicago (Dec. 29, 2022), https://
abc7chicago.com/migrants-chicago-public-schools-mayor-lori-lightfoot-
wadsworth-elementary-school/12629140/.
\11\Fallon Fischer and Nasya Mancini, El Paso Convention Center, 2
vacant schools will be used as migrant shelters, city says, KFOX14
(Dec. 20, 2022, 9:58 pm EST), https://kfoxtv.com/news/local/el-paso-
convention-center-2-vacant-schools-will-be-used-as-migrant-shelters-
city-says-bassett-middle-school-morehead-middle-school-immigration-
december-20-2022-title-42.
\12\Meko, supra note 2.
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H. RES. 461 POLITICIZES PUBLIC SCHOOLS WHILE DOING NOTHING TO IMPROVE
EDUCATION
The resolution claims that the use of elementary and
secondary school facilities to shelter ``aliens'' will:
``divert educational resources from children already suffering
from historic learning loss''; ``compromises schools' duty to
educate enrolled children and keep them safe''; ``impede
children's access to safe recreation and physical education,
may force children to spend their entire school day with little
exercise, and may disrupt the ordinary routines of the school
day''; and blames the Biden Administration for ``a failed
border security strategy.''\13\
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\13\H. Res. 461, supra note 1, at 1.
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In the few hearings that Committee Republicans chose to
address education this Congress, they did not receive any
testimony on the issue of the use of schools as emergency
shelters. Instead, Committee Republicans have squandered their
time targeting social and culture war topics, such as attacking
the teaching of accurate and factual history, the banning of
books, and the participation of LBGTQ+ students in sports.
Likewise, Committee Republicans claim that the use of schools
as shelters will divert educational resources away from
students, but they have not offered any credible evidence of
that.
Committee Republicans have also pointed out that students
have already been affected by learning loss and should not,
therefore, have to tolerate the distraction of migrants'
presence in schools. Again, Committee Republicans made these
statements without presenting any evidence demonstrating that
temporarily sheltering undocumented immigrants in public school
facilities compounds learning loss. Congress has provided
significant assistance to schools in addressing learning loss,
including providing resources through the Elementary and
Secondary School Emergency Relief (ESSER) Fund, including $122
billion from the American Rescue Plan Act, a bill that all
House Republicans opposed. And there is much more we could do
if Committee Republicans would choose to focus on meaningful
relief instead of this resolution. It is also worth noting that
the resolution suggests Congress should penalize schools and
students by taking away federal funds for temporary actions
taken by a locality in an emergency. Yet it does not
acknowledge that denying federal funding to public schools in
such circumstances would in fact significantly impede their
ability to address learning loss.
Committee Republicans claim that the use of schools as
shelters will compromise the safety of enrolled students, but
they are ignoring what is truly endangering our students.
According to the Kaiser Family Foundation, guns are the leading
cause of death among children and teens.\14\ Any conversation
about school safety that does not address gun violence is not a
serious one. Moreover, there is no evidence that migrants are
more dangerous than citizens or nationals of the United States.
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\14\Matt McGough, Krutika Amin, Nirmita Panchal, and Cynthia Cox,
Child and Teen Firearm Mortality in the U.S. and Peer Countries, Kaiser
Fam. Found. (July 8, 2022), https://www.kff.org/global-health-policy/
issue-brief/child-and-teen-firearm-mortality-in-the-u-s-and-peer-
countries/.
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The lack of evidence presented to support the claims made
in H. Res. 461 suggests this resolution was marked up
prematurely. While Committee Republicans point to two hearings
held this year that ``informed the development'' of H. Res.
461, this is not an issue that the Committee has considered in
any meaningful way this Congress. The hearings referenced in
this report are mere fig leaves covering a complete lack of
consideration of these issues raised in this resolution. To
make matters worse, at the time of development of these views,
the Committee has announced plans to mark up H.R. 3941, the
Schools Not Shelters Act, a bill that would deny federal
financial assistance to any school district using their
facilities in the manner described in H. Res. 461. To take
these actions with no real record of the Committee
investigating this issue is a dereliction of our duty as
policymakers.
Committee Republicans trumpet the Biden Administration's
failed border security policy for the challenges facing our
students and schools. Immigration policy is not within this
Committee's jurisdiction. If the issue is truly about people
being sheltered in schools and the resulting possibility of
diversion of funds and student safety, then the resolution
would not need to single out undocumented immigrants. People
are sheltered in schools in other situations, such as during
hurricanes and storms, that are not mentioned in the
resolution. If the concern is sheltering in schools, then it
should not matter if the shelter is for undocumented immigrants
or not.
DEMOCRATIC AMENDMENTS OFFERED DURING MARKUP OF H. RES. 461
As Committee Democrats recognized this was a resolution
that could not be improved in any meaningful way, we did not
offer any amendments to H. Res. 461.
CONCLUSION
H. Res. 461 is inflammatory, provocative, uninformed, and
at the end of the day, pointless. Instead of spending the
Committee's time on meaningful legislation within our
jurisdiction to deal with learning loss and school safety, we
frittered away our time on a vitriolic proposal. It provides
the Majority the opportunity to discuss immigration policy,
which is outside the jurisdiction of this Committee, and try to
demonstrate they care about school safety despite their
unwillingness to address the issues we know are causing
students to feel unsafe in school.
It is worth noting that significant debate occurred during
the Committee markup of the resolution over the use of the word
``alien.'' While this is a legal term defined in the
Immigration and Nationality Act,\15\ many people find the use
of the word offensive, and Committee Democrats requested that
Committee Republicans be considerate of that fact.\16\ Debate
over the Good amendment included reference to an ``alien
invasion,'' and such inflammatory rhetoric has no place in this
Committee. Committee Democrats commend Rep. Pramila Jayapal (D-
WA-7) for dutifully explaining how ``alien invasion'' has been
used as early as the 1800s to decry the immigration of Chinese
workers to the U.S. and has been employed to stoke racial fear
and resentment since then against different nationalities of
immigrants to this day.\17\ Rep. Jamaal Bowman (D-NY-16), who
represents New York City, correctly observed that anti-
immigrant sentiment has been part and parcel of white
supremacist rhetoric throughout American history.\18\
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\15\8 U.S.C. Sec. 1101(a).
\16\Condemning the use of elementary and secondary school
facilities to provide shelter for aliens who are not admitted to the
United States, Markup on H. Res. 461, Markup before the H. Comm. on
Educ. & the Workforce, 118th Cong. (2023).
\17\Id. (statement of Rep. Pramila Jayapal).
\18\Id. (statement of Rep. Jamaal Bowman).
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There was no response in the markup to suggest any of these
concerns around H. Res. 461's text or the rhetoric used to
advocate for it were recognized by the Majority. The fact that
the Committee has subsequently announced a markup of H.R. 3941,
the Schools Not Shelters Act, further suggests they were not.
For the reasons stated above, Committee Democrats
unanimously opposed H. Res. 461 when the Committee on Education
and the Workforce considered it on June 6, 2023. We urge the
House of Representatives to do the same.
Robert C. ``Bobby'' Scott,
Ranking Member.
Raul M. Grijalva.
Joe Courtney.
Gregorio Kilili Camacho Sablan.
Suzanne Bonamici.
Mark Takano.
Alma S. Adams.
Mark DeSaulnier.
Pramila Jayapal.
Susan Wild.
Lucy McBath.
Jahana Hayes.
Haley M. Stevens.
Teresa Leger Fernandez.
Frank J. Mrvan.
Jamaal Bowman.
[all]