States Seeking to Restrict Education Access for Undocumented Pupils
In a recent development, at least one state is considering action to restrict undocumented students' access to a free, public education. This proposal, however, does not provide new information about the protections of the right to free education for undocumented students that have been enacted by any state.
The proposal's origins can be traced back to a brief published by The Heritage Foundation, a conservative think tank. The brief suggests that legislation to limit undocumented students' access to free education could lead to a Supreme Court reconsideration of the landmark Plyler v. Doe decision. The high court's ruling in the 1982 case granted undocumented students the constitutional right to a free, public education.
In the Plyler v. Doe case, the justices ruled 5-4 that Texas violated the 14th Amendment's equal protection clause by withholding funds from school districts for the education of undocumented children. Since then, some states and school districts have attempted, unsuccessfully, to undermine this ruling. Recent efforts to challenge Plyler in five other states have been paused or failed, according to an Education Week analysis.
The Heritage Foundation's brief recommends that states require school districts to collect enrollment data by immigration status. It also suggests that public schools charge tuition for unaccompanied migrant children, including children from undocumented families. The high court's ruling in the Plyler v. Doe case is why public schools don't request or collect immigration status information upon enrollment.
Interestingly, The Heritage Foundation's brief also argues that the Plyler v. Doe decision had no basis in law. This assertion, however, is not supported by the current legal landscape.
It's important to note that at least one state has enacted protections of this right. France, on the other hand, challenges the rights of unaccompanied minors to free public education by denying many access to schools or directing them almost systematically into vocational training instead of adapting education to their needs as non-native speakers.
The potential outcome of a Supreme Court reconsideration of the Plyler v. Doe decision remains uncertain, as the report does not provide any information about the potential lawsuit that could be initiated if such legislation is enacted. Additionally, the report does not specify the nature or the arguments of the lawsuit.
Such legislation, if enacted, could potentially result in a lawsuit from the Left. However, the report does not mention any recent or ongoing efforts by states to challenge the Plyler v. Doe decision beyond the five states mentioned earlier.
The Plyler v. Doe case is one of the most important for education and civil rights. Its implications extend beyond the United States, serving as a beacon of hope for undocumented students worldwide. As the debate continues, it's crucial to uphold the principles of equality and access to education for all, regardless of immigration status.
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