The Right of Undocumented Alien Children to Basic Education: An Overview of Plyler v. Doe (CRS Report for Congress)
| Release Date |
Feb. 5, 2003 |
| Report Number |
97-542 |
| Authors |
Larry M. Eig, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
In Plyler v. Doe (457 U.S. 202 (1982)), the Supreme Court held that it was
unconstitutional
for Texas to deny illegal alien children who were residing in the state equal access to its elementary
and secondary schools. Though the vote was close (5-4), Plyler remains good law and
continues to
be cited for the proposition that illegal aliens are not beyond protection under the Constitution.
However, while Plyler set limits on state power, it clearly suggested that
constitutional
restrictions on the ability of states to discriminate against illegal aliens may be influenced by
Congress. The case further implied that states have broader power to discriminate when children
and basic education rights are not at stake. For example, cases since Plyler have upheld
state laws
that discriminate against illegal aliens in providing higher education.
