Lawyer: North Carolina school suspending student over 'illegal alien' term shows 'total lack of empathy'

Dean McGee is "in it for the long haul" to find justice for the McGhee family after their 16-year-old son was suspended for using the term "illegal alien" at his North Carolina school.

In April, Christian McGhee was suspended for three days after asking a teacher whether her reference to the word "aliens" referred to "space aliens, or illegal aliens who need green cards." After a student allegedly threatened to "kick his a—" for using the term, Christian was referred to the assistant principal who concluded it was a "racially motivated comment which disrupts class."

In response, the Liberty Justice Center, where McGee works as the Education Freedom Attorney, announced a lawsuit against the Davidson County Board of Education on behalf of the family on Tuesday.

Speaking to Fox News Digital, McGee described the school as effectively attributing racism when it wasn’t there.  

16-year-old Christian McGhee faced a "harsh punishment" over using the term "illegal alien," according to McGee. (Mark Kerrison/In Pictures via Getty Images/Brian A. Jackson/South Florida Sun Sentinel)

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"It's the assistant principal, the administrator, who elevated this to a racial incident where one did not exist. The boy who responded to our client said, ‘hold on, I wasn't really offended. This isn't a big deal.’ And the words of the assistant principal, these are his own words, explained what he said to our client's mother, ‘No, sir. Those words are a big deal,’" McGee said.

"In other words, the assistant principal was telling this boy, well, you might not be offended, but you should be offended," he added.

McGee also recalled that Leah McGhee, Christian’s mother, had suggested a mediation session between the two families and the faculty to discuss the situation rather than dole out punishment.

"And the assistant principal said no. Harsh punishment. Three days out of school suspension. That was his solution. Not empathy, not understanding, just punishing this child and branding him racist on his permanent record," McGee said. "But the ironic result is a total lack of empathy toward either student, total lack of healing, lack of a learning opportunity, and just meeting out punishment, stigmatizing, branding a 16-year-old boy in a way that could harm his future if it's not fixed."

Although the McGhee family has faced backlash and threats on the assumption that Christian said something racist, McGee noted that there has also been overwhelming support for the family. 

The McGhee family is demanding an apology from the school and school board over Christian's suspension. (iStock)

"I don't mean to downplay the harassment and threats that my client and his mother received. But there's also been an outpouring of support, and I think that support just comes from a place of intuitive empathy for a kid who is being mistreated by his own school and in such a vicious way that has a potential impact on his future," McGee said.

Public opinion also appeared to take the McGhee family’s side at the Davidson County Board of Education meeting Monday night. All but two speakers voiced their support for Christian McGhee and attacked the school board for failing to address his suspension.

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"You are not in any way, shape or form helping our students. By the way, if you squash a student’s question, you squash education. I’m appalled, and you still got the smirk on your face. I so hope you get voted out," one speaker said.

The McGhee family is seeking a public apology from the school board on the matter and demanding that the suspension be removed from Christian’s record. In the event the district court does not rule in their favor, they are prepared to appeal.

McGee took issue with the fact that it was the school, not the students, who saw something wrong with the term "illegal alien." (iStock)

"Our organization has appealed in the past and won a case at the Supreme Court. We would be willing to do that here if it's necessary. We're in it for the long haul for this family," McGee said.

Fox News Digital reached out to the Davidson County Board of Education members for a comment.

Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. and on Twitter: @lmkornick.