Gallegly amendment
Encyclopedia
The Gallegly amendment was introduced by Representative Elton Gallegly
to the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Its purpose was to allow states to deny public education or charge tuition to illegal alien children in the United States, thereby overturning the Supreme Court decision Plyler v. Doe
barring these actions. It passed the US House of Representatives by a margin of 257-163 but was removed from the final bill after prolonged opposition from President Clinton and several Republican senators.
It was often described as the single most contentious issue of the bill and Clinton threatened a veto if it was present in the final version. While the amendment was not passed, it succeeded in dominating the agenda for several months in the summer of 1996 and may have diverted Congressional Democrats from effectively opposing other provisions. The amendment was the last serious attempt at the federal level to deny free public education to illegal alien children.
(D-NY) commented, "After I got over my initial reaction, I decided not to go out and commit any crimes of violence," with other Democrats describing the amendment as "hideous." Nevertheless the amendment was supported by Speaker Newt Gingrich
, who stated, "There is no question that offering free taxpayer goods to illegals attracts more illegals...It is wrong for us to be the welfare capital of the world." In comparison, Gingrich had not favored a full federal version of Proposition 187 during its passage, which was a complete ban and contained no option of merely charging tuition. The amendment was also supported by Senate Majority Leader Bob Dole
, who welcomed the prospect of a veto by President Clinton that would demonstrate that Clinton was not serious about immigration reform and aid Dole's run for president. Dole stated the amendment would free up $1.8 billion and allow either the hiring of 51,000 new teachers or the purchase of 3.6 million new school computers.
The Gallegly amendment was generally not well received by public school teachers and officials. This was the case even in the Houston school system, which had fought and lost the original Plyler case more than a decade before. (A more recent poll from Arizona put support for Plyler at 76% among public school teachers.) Several teachers unions said they would refuse to enforce the amendment. The International Union of Police Associations also opposed it, saying it would increase crime and cause illegal alien children to become both "victims and criminals." At the legislative level, Texas Republican senators Phil Gramm
and Kay Bailey Hutchinson opposed the amendment. Five Republican senators publicly expressed disapproval by sending a letter to Presidential candidate Bob Dole calling the amendment "highly controversial and ill-advised." Up to a dozen Republican senators may have been opposed.
The death of the amendment in conference was the result of exclusively Republican negotiations, the agreed-upon strategy being that Republicans would negotiate first among themselves and then present a united front to the Democrats. Orrin Hatch
(R-UT) and Arlen Specter
(R-PA) were on the conference committee to merge the House and Senate bills and had previously opposed the amendment. They initially agreed to a compromise that would apply only to children entering public schools after September 1996. But after California Senator Diane Feinstein and some California congressional Republicans turned against the amendment, and even Proposition 187 architect Ron Prince made clear he was afraid it would kill the bill, conference negotiators Representative Lamar Smith
(R-TX) and Senator Alan Simpson
(R-WY) began to share Prince's fear. Eventually lobbying against it, Simpson stated that the public did not support the amendment and that "If the national interest is subverted by Machiavellian mumbo jumbo, I'm not going to play that game." Threatened with enough Republican opposition to allow a filibuster in the Senate, the Republican leadership eventually blocked both the original amendment and any compromise from making it into the final bill.
Elton Gallegly
Elton William Gallegly is the U.S. Representative for , and previously the 23rd and 21st, serving in Congress since 1993. He is a member of the Republican Party.-Early life, education, and pre-congressional career:...
to the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Its purpose was to allow states to deny public education or charge tuition to illegal alien children in the United States, thereby overturning the Supreme Court decision Plyler v. Doe
Plyler v. Doe
Plyler v. Doe, , was a case in which the Supreme Court of the United States struck down a state statute denying funding for education to illegal immigrants and simultaneously struck down a municipal school district's attempt to charge illegal immigrants an annual $1,000 tuition fee for each illegal...
barring these actions. It passed the US House of Representatives by a margin of 257-163 but was removed from the final bill after prolonged opposition from President Clinton and several Republican senators.
It was often described as the single most contentious issue of the bill and Clinton threatened a veto if it was present in the final version. While the amendment was not passed, it succeeded in dominating the agenda for several months in the summer of 1996 and may have diverted Congressional Democrats from effectively opposing other provisions. The amendment was the last serious attempt at the federal level to deny free public education to illegal alien children.
House passage and demise
Gallegly argued that Plyler imposed an unfunded federal mandate on the states. "Come to America for opportunity. Do not come to America to live off the law-abiding American taxpayer," he said. Emotions ran high during early House debate: Representative Gary AckermanGary Ackerman
Gary Leonard Ackerman is the U.S. Representative for , serving since a special election in 1983. He is a member of the Democratic Party...
(D-NY) commented, "After I got over my initial reaction, I decided not to go out and commit any crimes of violence," with other Democrats describing the amendment as "hideous." Nevertheless the amendment was supported by Speaker Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....
, who stated, "There is no question that offering free taxpayer goods to illegals attracts more illegals...It is wrong for us to be the welfare capital of the world." In comparison, Gingrich had not favored a full federal version of Proposition 187 during its passage, which was a complete ban and contained no option of merely charging tuition. The amendment was also supported by Senate Majority Leader Bob Dole
Bob Dole
Robert Joseph "Bob" Dole is an American attorney and politician. Dole represented Kansas in the United States Senate from 1969 to 1996, was Gerald Ford's Vice Presidential running mate in the 1976 presidential election, and was Senate Majority Leader from 1985 to 1987 and in 1995 and 1996...
, who welcomed the prospect of a veto by President Clinton that would demonstrate that Clinton was not serious about immigration reform and aid Dole's run for president. Dole stated the amendment would free up $1.8 billion and allow either the hiring of 51,000 new teachers or the purchase of 3.6 million new school computers.
The Gallegly amendment was generally not well received by public school teachers and officials. This was the case even in the Houston school system, which had fought and lost the original Plyler case more than a decade before. (A more recent poll from Arizona put support for Plyler at 76% among public school teachers.) Several teachers unions said they would refuse to enforce the amendment. The International Union of Police Associations also opposed it, saying it would increase crime and cause illegal alien children to become both "victims and criminals." At the legislative level, Texas Republican senators Phil Gramm
Phil Gramm
William Philip "Phil" Gramm is an American economist and politician, who has served as a Democratic Congressman , a Republican Congressman and a Republican Senator from Texas...
and Kay Bailey Hutchinson opposed the amendment. Five Republican senators publicly expressed disapproval by sending a letter to Presidential candidate Bob Dole calling the amendment "highly controversial and ill-advised." Up to a dozen Republican senators may have been opposed.
The death of the amendment in conference was the result of exclusively Republican negotiations, the agreed-upon strategy being that Republicans would negotiate first among themselves and then present a united front to the Democrats. Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R-UT) and Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
(R-PA) were on the conference committee to merge the House and Senate bills and had previously opposed the amendment. They initially agreed to a compromise that would apply only to children entering public schools after September 1996. But after California Senator Diane Feinstein and some California congressional Republicans turned against the amendment, and even Proposition 187 architect Ron Prince made clear he was afraid it would kill the bill, conference negotiators Representative Lamar Smith
Lamar Smith
Lamar Smith may refer to:* Lamar S. Smith , U.S. Representative from Texas* Lamar Smith , U.S. civil rights activist; murdered in Mississippi* Lamar Smith , NFL running back, 1994–2004...
(R-TX) and Senator Alan Simpson
Alan K. Simpson
Alan Kooi Simpson is an American politician who served from 1979 to 1997 as a United States Senator from Wyoming as a member of the Republican Party. His father, Milward L. Simpson, was also a member of the U.S...
(R-WY) began to share Prince's fear. Eventually lobbying against it, Simpson stated that the public did not support the amendment and that "If the national interest is subverted by Machiavellian mumbo jumbo, I'm not going to play that game." Threatened with enough Republican opposition to allow a filibuster in the Senate, the Republican leadership eventually blocked both the original amendment and any compromise from making it into the final bill.