The fight over undocumented students‘ access to free public education is intensifying in the United States. At least five states are proposing actions that could severely restrict these students’ rights, raising alarms about the future of education for thousands of undocumented children across the country. These new efforts come after years of attempts to undermine a landmark Supreme Court ruling.
In 1982, the US Supreme Court ruled in Plyler v. Doe that undocumented students have the constitutional right to a free public education. The 5-4 decision determined that withholding funds from school districts for educating undocumented children violated the 14th Amendment’s equal protection clause. This ruling has shaped US education policy for over four decades, but some states are now pushing back against it.
State-level proposals challenge Plyler v. Doe ruling
As reported by EducationWeek, political and policy momentum to limit access to free education for undocumented students is growing, particularly at the state level. According to their analysis, at least five states are actively considering legislation that would restrict educational opportunities for undocumented children.
This shift comes as part of a broader immigration enforcement agenda promoted by former President Donald Trump. The Heritage Foundation, a conservative think tank behind many of the policies shaping Trump’s agenda, published a brief recommending that states require school districts to collect enrollment data by immigration status. The foundation also called for legislation that would charge tuition for undocumented students, particularly those from unaccompanied migrant families.
Legal challenges could follow
If such legislation were to pass, it could trigger legal battles and eventually lead to the Supreme Court revisiting the Plyler v. Doe case. “Such legislation would draw a lawsuit from the Left, which would likely lead the Supreme Court to reconsider its ill-considered Plyler v. Doe decision,” the Heritage Foundation stated, as quoted by EducationWeek.
While previous efforts to restrict education for undocumented students have largely failed, these new proposals signal a renewed push at the state level. As the debate continues, the future of free education for undocumented students remains uncertain.
