While America is focused on illegal immigration, let’s revisit a little-known Supreme Court decision, Plyler v. Doe, handed down in 1982, in which a 5-4 majority decreed that states may not deny a free public education to “undocumented” children who reside within their jurisdiction even if those children aren’t valid U.S. citizens or hold valid student visas. In other words, public schools must educate children who are in this country illegally. Call them “undocumented,” if you like, but the fact is they are not citizens of the United States, and the language of the U.S. Constitution is very clear in saying that all rights and privileges under both the Constitution and Bill of Rights apply to U.S. citizens only.
Also, if you like, say these “undocumented” children are in a tragic bind. As I have written before, many of the illegals in this country who are now in their teens, or even early twenties, were babies when their parents illegally carried them over the U.S. border. Thus they can’t be blamed for their illegal immigrant status, and one can truly sympathize with the fact that they have grown up and assimilated in America, and consider America the only home they’ve ever known.
But, under the law, they are still here illegally.
Interestingly, the court’s majority ruled that to deny these children equal access to public education violates the 14th Amendment, which, as it happens, clearly says that only those “born or naturalized” in the United States are citizens, neither of which applies to these illegal immigrants. Further, the court’s majority ruled denying equal access to public education to these undocumented children was a “discriminatory” burden because they had no control over the fact that they are in this country illegally.
Which, as I mentioned, is true, but — as the court’s minority pointed out — the remedy to this problem is through the legislative branch, not the courts (nor the executive branch through an executive order, Mr. President). Congress should pass legislation creating a special status for this special class of illegal immigrants, allowing them certain rights and privileges, including public education. Instead, in Plyler, the Supreme Court ruled that this particular right applies equally to non-citizens and citizens alike. To me, the court overstepped its authority.
On that note, in Virginia, my home state, the state board of education has just reminded Virginia’s public school superintendents that, with school starting, all children get equal access to basic education, regardless of citizenship status. Further, the department instructed that any “undocumented minors” who are unaccompanied and unsupervised should be treated as “homeless students” and granted an education without requiring proof of even residing in the district.
The estimated cost to Virginia’s taxpayers? Around $10,500 per student.
