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Plyler v. Doe
457 U.S. 202 (1982) ; Clearinghouse Number: 22611
Description
U.S. Supreme Court Holds Illegal Aliens Entitled to Free Public Education
Abstract
The U.S. Supreme Court has affirmed the Fifth Circuit's ruling
that a Texas statute which withholds from local school districts
any state funds for the education of children who are illegal
aliens and which authorizes school districts to deny enrollment or
charge tuition to such children is unconstitutional. In so ruling,
the Court found that (1) an alien is a "person" in any
sense of that term and as such may claim the benefit of the equal
protection clause, (2) the statute imposes a lifetime hardship on a
discrete class of children who can neither affect their
parents' conduct nor their own status, (3) the status of these
children does not establish a sufficient rational basis for denying
them benefits that the state affords other residents, (4) no
national policy is perceived that might justify the state's
actions, (5) the state's interest in mitigating potentially
harsh economic effects from an influx of illegal aliens is not
furthered by the state's policy of charging tuition to
undocumented children, and (6) the record does not show that the
quality of education will be improved by the exclusion of these
children from the educational system. Three justices filed
concurring opinions, and four joined in a dissenting opinion.
