SCOTUS Ruling on Undocumented Students Faces Renewed Challenges

GOP-led states are proposing laws that challenge Plyler v. Doe, setting the stage for a potential Supreme Court showdown

Tennessee House of Representatives, Wikipedia Commons

WASHINGTON — The 1982 Supreme Court ruling in Plyler v. Doe established that states cannot deny free public education to children based on their immigration status. The court found that such a denial would violate the Equal Protection Clause of the 14th Amendment, unfairly discriminating against undocumented children and creating a permanent underclass.

---

Migrant Insider is sponsored by

immigration.net

---

The landmark decision has drawn comparisons to Brown v. Board of Education for its impact on education and civil rights. Justice Harry Blackmun, appointed by President Richard Nixon, emphasized the potential consequences if Texas had prevailed in its attempt to bar undocumented children from public schools. “An uneducated child is denied even the opportunity to achieve,” Blackmun wrote. “When those children are members of an identifiable class, the state has created a separable and identifiable underclass.”

While Plyler has stood for more than four decades, conservative lawmakers and policymakers are increasingly challenging its mandate. In May 2022, Texas Gov. Greg Abbott signaled his intent to revisit the ruling, arguing that it places an “unfair burden” on the state due to the rising costs of educating undocumented students.

The push to overturn Plyler v. Doe has gained momentum in conservative circles. In April 2024, the Heritage Foundation proposed a strategy to challenge the decision by advocating for states to charge tuition to unaccompanied migrant children and those with undocumented parents. The conservative think tank believes this could trigger a lawsuit that would ultimately force the Supreme Court to reconsider Plyler.

Tennessee and Oklahoma Move to Challenge Plyler