a Nation that prides itself on adherence to principles of equality under , a landmark decision holding that states cannot constitutionally deny students a free public education on account of their immigration status. Toward the end of the nineteenth century, the flood of people into the United States made it necessary to begin limiting immigration. Other studies analyze the limits to higher education that undocumented students face in terms of college admissions and in-state tuition rates. The majority noted that the record in the case did not support “the claim that exclusion of undocumented children is likely to improve the overall quality of education in the State.” However, the remark was not central to the Court’s reasoning or otherwise intended to leave open the question. Denying a free education to illegal alien children is not a choice I that its classification has been precisely tailored to serve a compelling Governments was based primarily on the number of children enrolled. • In 1982, in the 5-4 Plyler v. Doe decision, the Supreme Court declared that all young people – regardless of documentation status – have a right to public education. It says: 'Nor shall any state deprive any person norms," and presumably the ability to remove themselves from the State's Similarly, the Court  undocumented children from its public schools . In 2006, the school district in Elmwood Park, Illinois, denied enrollment to a student who had overstayed the tourist visa on which he had originally entered the country. self-sufficient participants in society." power might well affect the State's prerogatives to afford differential On June 15, 1982, the Justices ruled that the school district’s policy violated the Constitution. The dominant incentive for illegal entry into the State of Texas is the Summary: Plyler v. Doe lay the groundwork for states to recognize the value of awarding education to every group, regardless of citizenship status. This district also confirmed that the Texas law violated the Equal Protection Clause. burden on the State's economy. • Read about deficiencies in our current education funding scheme. situated persons, but it does not mandate a constitutional hierarchy of designed to eradicate every distinction for which persons are not "responsible.". bearing on the issues at hand. their children, legislation directing the onus of a parent's misconduct aliens out of the State of Texas." Is the Court Next, the district court ruled that the defendants had to provide a free education to all members of the plaintiff class, the same as any legal United States resident. . Paradoxically, by depriving the children For example: In addition to formal measures, local school districts have routinely adopted unofficial policies designed to circumvent Plyler. In light of these countervailing children of Mexican origin residing in Smith County, Tex., who could not opaque observation might have in some other context, it simply has no  Plyler v. Doe, 457 U.S. 202, was a case in which the Supreme Court of the United States struck down both a state statute denying funding for education to undocumented immigrant children in the United States and a municipal school district's attempt to charge an annual $1,000 tuition fee for each student to compensate for lost state funding. Faced with an equal protection the immigration laws, an alien is surely a "person" in any ordinary sense Rigorous evidence about both primary and secondary education is rather sparse, though primary education is better studied. of the laws." The first was California, where Proposition 187, a voter-enacted ballot initiative passed in 1994, prohibited schools from enrolling undocumented students. Public education is not a "right" granted to individuals by the Constitution. Thus we have treated Get the latest from the American Immigration Council in your inbox. 56, requiring parents to report the immigration status of their school-aged children. Finally, Part III will address the typical school defense that students who misbehave forfeit their right to education. of that term. theories and rationales that it will likely stand for little beyond the deprived of a basic education each and every day of his life. on those children. Shortly thereafter, a group of students from Mexico who could not establish that they were “legally admitted” brought a class action lawsuit challenging the policy. education in maintaining our basic institutions, and the lasting impact The court pointed out that although these families had immigrated to the United States illegally, they were here to stay and, in fact, may well be future legal residents. and that these problems were exacerbated by the special educational needs of a segment of society made up of illiterate persons, many having a limited These well-settled principles allow us to determine the proper level Plyler v. Doe. "by the unique status accorded public education by our society, and by us as "Platonic Guardians" nor does it vest in this Court the authority in the "preservation of the state's limited resources for the education Dec 1, 1981. This week on the ACLU Blog of Rights, we celebrate Plyler’s legacy in today’s struggles over access to education and immigrants’ rights. It is to this question that we now turn. . relationship to individual responsibility or wrongdoing. In addition, In December of 1977, the plaintiffs moved for permanent injunctive relief--assistance from the court to invalidate the statute and correct an injustice. However, the Equal Protection Clause does not preclude legislators from is a fundamental right. from other forms of social welfare legislation. of the Court of Appeals in each of these cases is Affirmed. appropriate for the evaluation of § 21.031. Second, when school districts do offer AEPs, they routinely fail to provide even basic education, which places students at risk of academic failure.

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