Overview
- Republican lawmakers and allied groups are coordinating a push to revisit Plyler v. Doe, the 1982 decision that said states cannot deny free K–12 public education to undocumented children under the Constitution’s Equal Protection Clause.
- The House Judiciary Subcommittee on the Constitution and Limited Government held a hearing titled “Immigration Policy by Court Order: The Adverse Effects of Plyler v. Doe,” where Representative Chip Roy urged overturning the ruling.
- White House immigration adviser Stephen Miller pressed Texas legislators to pass a law that conflicts with Plyler to invite a court fight that could reach the Supreme Court.
- State efforts now on the table include Tennessee bills to let schools refuse enrollment or charge tuition, an Idaho proposal to check students’ immigration status, a New Jersey bill to charge undocumented students, and an Oklahoma education board resolution that was later blocked.
- The Heritage Foundation is urging states to pass conflicting laws to force a Supreme Court showdown, while a separate birthright citizenship case before the Court raises the stakes and could complicate how schools verify status and deliver services like meals and special education.