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Gallegly’s Bill Targets Free Public Schooling of Illegal Immigrants : Legislation: The Simi Valley congressman’s proposal, in support of Prop. 187, would give states the power to put limits on education. Critics call it a misguided effort that will do more harm than good.

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TIMES STAFF WRITER

Rep. Elton Gallegly (R-Simi Valley) introduced a bill Monday that would allow states to deny free public schooling to illegal immigrants.

The legislation, co-sponsored by more than 30 Republicans and Democrats from 14 states, is designed, in part, to bolster Proposition 187 challenges to a U.S. Supreme Court ruling guaranteeing public education to illegal immigrant children.

“The bill gives states the power to decide whether they want to give illegal immigrants a housewarming gift in the form of a free public education,” said Gallegly, who was joined by Gov. Pete Wilson Monday in announcing the bill in Sacramento.

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“It is my hope that most states will decline to offer this magnet, this incentive, and that the result will be a reduction in the number of people who enter the country illegally.”

Critics condemned the legislation, calling it a misguided effort that will do more harm than good.

“This is yet another step to dehumanize and demonize these individuals, picking on the most vulnerable and voiceless in our society,” said Oscar Gonzalez, a spokesman for the Ventura County Mexican-American Bar Assn.

“The bottom line is, it’s not going to stop people from coming to the United States,” Gonzalez said. “And I think the fact that you are educating these people points to the hope that they become part of our infrastructure and become productive.”

The bill is aimed, in part, at the Supreme Court’s 1982 ruling entitling illegal immigrants to a public education.

In its 5-4 decision, the court wrote that it was “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 State’s authority to deprive these children of an education.”

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Gallegly said Congress has been silent long enough on the issue and on the burden the federal mandate places on individual states.

Gov. Wilson embraced the bill, saying it “represents a very important step” toward carrying out the will of the voters as expressed in the approval of Proposition 187 last November.

The ballot measure seeks to deny schooling, non-emergency health care and other public benefits to illegal immigrants. Since its passage, implementation of the measure has been tied up by court challenges.

Wilson said educating illegal immigrant children will cost the state’s schools $1.7 billion next year.

“When the voters passed Proposition 187 last fall, they sent an unmistakable message to Washington,” he said. “They said restore common sense to our federal laws and end the unfairness of rewarding illegal immigrants for breaking our laws at the expense of our own needy, legal residents and working taxpayers.”

Staff writer Jenifer Warren contributed to this report.

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