[House Report 118-113]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-113

======================================================================

 
  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.
---------------------------------------------------------------------------
    \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/.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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]