Doe ruled that “a state cannot prevent children of undocumented immigrants from attending public school,” challenging a 1975 Texas education code that forbade the use of state funds toward “the education of children who had not been legally admitted to the U.S.” Until this point, Texas had not provided funding for educating unauthorized immigrants, with some regions of the state charging immigrants a $1000 tuition fee for their children to attend school. The Supreme Court argued that these types of limitations on education were unconstitutional and violated the Equal Protection Clause, but the 5-4 ruling, with key dissenters such as Chief Justice Burger, Sandra Day O’Connor, and William Rehnquist, indicates controversy rather than unanimity. Since 1982, justices have interpreted Plyler v. Doe as protecting K-12 education, but this ruling did not stop other states from attempting to remove benefits like education from their undocumented populations. For example, in 1997, a federal district court deemed California’s Proposition 187 unconstitutional; its tenets had included attempts to “disqualify undocumented immigrants from almost all state health and social services, and it would disqualify undocumented children from public elementary and secondary school.” Admittedly, both Plyler v. Doe and Proposition 187 ended in affirming the rights of undocumented students to education within the United States, but the initial popularity of …show more content…
However, for those undocumented immigrants that are neither being deported nor finding pathways to citizenship, higher education in America is costly and difficult to achieve. Although the history of blocked efforts to restrict the availability of K-12 public education show a commitment to some level of education for all, college education must be rendered accessible. This can start with extending federal benefits to students whose parents pay into America’s tax system or with charging long-term residents of a state in-state tuition. Education has a unique capacity to serve as an equalizer between people of disparate backgrounds, races, or levels of affluence. However, America must take steps toward providing educational equity to undocumented immigrants before it will see the gates of the national schoolhouse truly