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In a significant political shift, Republican leaders are intensifying discussions around reversing the landmark Supreme Court ruling known as Plyler v. Doe. This decision, which ensures the right to a free public education for children of individuals residing illegally in the United States, is now under scrutiny.
The debate has gained momentum across several Republican strongholds, including states like Tennessee, and has reached the corridors of the White House. This push signifies a broader crackdown on immigration under President Trump, starting within educational institutions. Foreign students at U.S. universities have already faced challenges, including difficulties in obtaining visas and facing repercussions for political activism.
During a recent hearing held by a House Judiciary subcommittee, Republican lawmakers challenged the Supreme Court’s authority in making the Plyler v. Doe decision. They argued that the financial burden of educating children without permanent legal status falls unjustly on taxpayers, raising concerns about the cost implications for the education system.
Representative Chip Roy of Texas voiced strong opinions at the hearing, stating, “It’s time we meet the moment to overturn Plyler v. Doe. Congress and the courts must address the glaring failures of this court decision and finally alleviate Texans and Americans alike from this burden.”
Roy further emphasized the challenges faced by educators, highlighting data that suggests students with parents living illegally in the U.S. often encounter learning difficulties. He argued that these challenges should spark a broader discussion about the demands on schools and educators. The limited resources, funded by American taxpayers, are intended for American students, yet are being stretched to help immigrant children meet proficiency standards.
And The New York Times reported this week that Stephen Miller, White House deputy chief of staff, said in a meeting with Texas lawmakers they should consider ending funding for these kids in schools.
An analysis from the Center for Immigration Studies in 2023 estimated that in 2021, 3.2 million children in public schools were from households headed by an immigrant in the country without legal permission, but there is no reliable data calculating the total number of students from these households in public school classrooms.
Tennessee is leading the charge with a bill moving through the state Legislature that would require proof of immigration status for a student to enroll in public school.
Students lacking permanent legal status will still be allowed in classrooms, but the schools will have to give data on the number of students they have who couldn’t provide proof of legal status to the state. Republicans did remove part of the bill that would charge families for their students to go to public schools.
“The Plyler v. Doe decision is a prime example of judicial overreach. In that case, the Supreme Court usurped Congress’s plenary authority over immigration, improperly restricted state control over limited educational resources, and — without any authority to do so — imposed heavy fiscal and operational burdens on already struggling school systems,” said Matthew O’Brien, deputy executive director for the Federation for American Immigration Reform.
“Efforts to overturn Plyler are simply an attempt to restore appropriate balance to both the Supreme Court’s consideration of educational rights and its interpretation of Congress’ authority over immigration matters,” O’Brien added.
Republicans have been looking to take more cases to the Supreme Court with the hopes the conservative majority would rule in their favor, including overturning its own precedents.
The clearest path for Plyler to be overturned would be as a result of someone suing a school district or state that is trying to record their legal status or deny them access to free public education. But observers are also closely watching a case already on the Supreme Court’s docket.
“There is some argument to be made is that the Plyler case is tied to the birthright citizenship case, which is coming for argument to the Supreme Court next Tuesday, that if the Supreme Court believes and rules that people born to undocumented people in the country are not U.S. citizens, then you could see there’ll be a greater push,” said Muzaffar Chishti, senior fellow at the Migration Policy Institute.
Those against overturning Plyler argue it would not reflect the values of our society and could cost schools greatly at a time when they are already struggling with chronic absenteeism.
For many schools, funding is tied to attendance, and a drop in students could hurt the education of all who attend.
“Many school districts are losing kids just because of our population change. We’re not having enough babies in the country. So, as the native population goes down, many of these school districts are suffering, so a sudden infusion of immigrant kids is good for them,” Chisht said.
The Trump administration has increasingly edged toward K-12 schools amid its broad immigration crackdown, lifting a U.S. Immigration and Customs Enforcement (ICE) policy that kept agents off of school property. Since then, multiple instances of parents or teachers arrested by ICE have been recorded near or on school property.
“Our schools should be safe havens of teaching and learning — no child should go to school in fear of being disappeared by masked ICE agents. These craven attempts to ignore settled law and create an intentional challenge to this longstanding precedent are an unconstitutional and immoral attack on the American Dream. In this time of fear and hate, we must help immigrant children and families and tell them you belong here, you matter, and your teachers are here to protect you,” said Randi Weingarten, president of the American Federation of Teachers.