Immigrant Proposal Divides Frederick

There are about 1,200 English-language learners in the school system, about 800 of whom speak Spanish as their primary language, according to school data.

"It came to me: Do we ever ask for citizenship status for people who are availing themselves of these public benefits?" Jenkins said. "The answer to that was, 'No, we don't.' "

Commissioners President Jan H. Gardner (D) has been one of Jenkins's most vocal critics. "On the surface, when he says people who aren't paying in should be denied services, there's some logic there," she said. "But when you look into it, it falls apart."

"I think there is a tremendous amount of concern about illegal immigration out there. Everybody is passionate about it," Gardner said. "The question to us is, do we have a role in addressing it?"

The short answer, she said, is no. The U.S. Supreme Court ruled in 1984 that states cannot deny illegal-immigrant children access to public education.

"I think it's wrong for elected officials to propose a solution to a real or perceived problem by breaking the law," Gardner said. "It leads to anarchy."

Jenkins said he's willing to use Frederick as a test case and take it to the nation's high court. But doing so could cost millions in legal fees.

Ultimately, what Jenkins's proposal has accomplished is that community leaders are talking about the demographic changes in Frederick.

"We need to embrace it and discuss it as opposed to sweep it under the rug and hope it goes away," said Del. Richard B. Weldon Jr. (R), chairman of the Frederick delegation. "It isn't going to go away."