WASHINGTON, D.C. — A proposed piece of legislation known as the “Schools Not Shelters Act” has been introduced in the United States, seeking to bar the utilization of school and institution facilities to provide shelter or housing for specific aliens. The bill aims to restrict public elementary schools, public secondary schools, and institutions of higher education that receive Federal financial assistance from offering exclusive shelter or housing to specified aliens who have not been admitted to the United States.

According to the bill’s provisions, the term “specified alien” pertains to an alien as defined in section 101(a) of the Immigration and Nationality Act, who has not been formally admitted. To ensure clarity, the legislation outlines specific definitions for terms used, including “applicable program,” “elementary school,” “secondary school,” “Federal financial assistance,” and “institution of higher education.”

The proposed legislation emphasizes that it applies regardless of certain exceptions mentioned in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Higher Education Act of 1965.

Furthermore, the bill explicitly defines “shelter or housing” as an emergency shelter or housing provided exclusively to specified aliens under the direction of the Federal Government, a State, or a unit of local government. However, short-term emergency shelter necessitated by a specified disaster is not included in this definition.

Representative Marcus Molinaro of New York’s 19th congressional district sponsors the “Schools Not Shelters Act.” As a Republican, Molinaro aims to thwart Governor Kathy Hochul’s plan to use SUNY college dorms in Upstate New York as migrant housing, after concerned parents raised objections to public school gymnasiums being utilized as shelters.

The bill, if passed, would prevent schools and colleges under the SUNY system, along with high schools, middle schools, and elementary schools, from being used as shelters for migrants. Representative Molinaro expressed pride in the progress made to counter Governor Hochul’s plans, asserting that schools are places meant for learning and growth for children and should not be transformed into migrant shelters. He criticized the forced adoption of “sanctuary city” policies from New York City by the Upstate region.

The “Schools Not Shelters Act” could potentially have far-reaching implications for both educational institutions and immigration-related policies in the United States. As the legislation gains attention, it remains to be seen how it will fare in Congress and how it could impact the ongoing debate surrounding immigration

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