Bill would challenge Supreme Court

Jenkins (R) is proposing legislation that would require all agencies that receive county money — which includes schools — to verify that the people they help are in America legally, before the funding is provided.

Frederick County Public Schools receives more money than all other county departments combined — $222 million in fiscal 2008 alone.

Jenkins believes the federal government has failed to protect the U.S. border, and he wants to submit a bill to the Maryland General Assembly that would set up a challenge to the Supreme Court’s 1982 decision.

Commissioners will submit the county’s legislative package of bills to Frederick’s eight-member delegation to the General Assembly in November. Commissioners agreed Tuesday to take 15 pieces of legislation, including the immigration proposal, to a public hearing on Oct. 2.

County Attorney John Mathias said constitutional and legal issues would prevent the immigration legislation from passing through the General Assembly. Mathias cited ‘‘Plyler v. Doe,” a 1982 case in which the Supreme Court ruled that public schools could not turn away children of illegal immigrants.

Jenkins said he still wants to test the idea of challenging the court decision via the General Assembly.

‘‘Nationally, we’re up to 1,200 local municipalities trying to deal with this issue because it’s affecting their bottom lines,” he said.

Jenkins has support from Commissioner John ‘‘Lennie” Thompson Jr. (R).

‘‘I guess I’m up for a Supreme Court challenge,” he said.

‘‘I’m game to explore the possibility of asking the Supreme Court [to reconsider Plyler v. Doe].”

Thompson said he received several e-mails from residents calling the board racist because of Jenkins’ proposal. He said the country should not continue to provide costly services, such as education, to illegal immigrants.

‘‘I’m trying to move this off the dime of local government,” he said.

Jenkins will need one other commissioner on the five-member board to keep his proposal in the final list that will go to the delegation in November. Commissioner David P. Gray (R) indicated Tuesday that he may be that third vote.

‘‘It so obvious that the federal government has failed to do their job,” he said.

Commission President Jan H. Gardner (D) pointed out that any challenge to the Supreme Court will be impossible without hiring someone to oversee the task. Mathias said his legal department does not have the staff available to handle such an undertaking.

‘‘If that is what you’re planning, then we need some help,” Mathias said.

Jenkins was not fazed.

‘‘If we have to spend $100,000 to go through the process, then I’m willing to make that [sacrifice],” Jenkins said.

‘‘We’ve been steamrolled over here, and the taxpayers can’t afford to keep paying for it.”

Jenkins said that of the 35 to 40 e-mails he has received from residents on his immigration legislation, all but two were in support of it.