In conclusion
About six states have tried to enact legislation allowing schools to charge tuition to noncitizens since last year. Advocates say they intend to keep trying even though none passed.
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reductions in funding. raids close to colleges. exclusion from career training and Head Start programs. The Trump administration has been undermining the rights of students in public schools who do not have legal status for months.
Could the government completely deny those pupils their entitlement to free public education? That might be the next stage, according to experts.
According to Patricia G. Andara, a professor of education and co-director of the Civil Rights Project at UCLA, people have been concerned about this for a few decades, but this is different. We need to be very careful right now. These individuals will do whatever it takes.
All pupils, regardless of immigration status, are guaranteed the right to a free public education in K–12 schools by the 1982 U.S. Supreme Court decision in Plyler v. Doe. The conservative Heritage Foundation, however, demanded last year that the Supreme Court reverse the decision and allow states to charge tuition to immigrant families, even if their children are citizens of the United States. The reasoning behind this is that schools should be spending billions of dollars on pupils who are native-born residents of the United States, along with their parents.
That concept is echoed in Project 2025, which is also published by the Heritage Foundation.
According to the Public legislation Institute of California, almost half of California’s children have at least one immigrant parent, hence the state would be particularly affected by such a legislation.
Megan Hopkins, chair of UC San Diego’s education department, stated that this would have extremely detrimental effects. To begin with, the population would be less educated and literate, which would have an impact on the economy and almost every other element of Californian life.
Tuition for noncitizens
A Texas case from the early 1980s served as the basis for Plyler v. Doe. A law had been established by the state that permitted schools to charge tuition to non-citizen students. Among the districts that made an attempt was the Tyler Independent School District in Tyler, Texas, a tiny city located roughly 100 miles southeast of Dallas. This led to a lawsuit that ultimately reached the Supreme Court.
The plaintiffs won their case at the Supreme Court, which held that non-citizen children should have equal legal protection. Even though the court was more liberal than it is now, the decision was nevertheless close, 5 to 4.
The decision has largely been forgotten since. However, in California and other places, there have been sporadic initiatives to limit immigration in schools. Proposition 187, voted by California voters in 1994, prohibited illegal immigrants from accessing public schools and other public benefits. Before it took effect, a federal court stopped it.
A law requiring schools to gather pupils’ immigration status was passed in Alabama in 2011. A federal judge later blocked that law. Greg Abbott, the governor of Texas, stated in 2022 that he would support reexamining Plyler v. Doe and that states shouldn’t be required to pay for the education of pupils who don’t have legal status.
About six states have tried to enact legislation allowing colleges to charge tuition to noncitizens since the Heritage Foundation’s report was released. Advocates say they intend to keep trying even though none passed last year.
Route to Supreme Court
Since President Donald Trump has so far embraced many of the Project 2025 policies, they are likely to find a receptive ally in him. His government has increased immigration arrests in recent months and declared it will no longer recognize schools as enforcement-safe havens. Additionally, it prohibited kids without legal status from participating in Head Start, adult education, or career and technical education, and it reduced funding for migrant students—which was later restored after states filed a lawsuit.
There are at least two ways the matter could get up before the Supreme Court. A challenge that could reach the Supreme Court could result from a state passing legislation permitting tuition to be charged at public schools. Alternatively, Trump might sign an executive order that could lead to legal action.
According to UC Berkeley Law School dean Erwin Chemerinsky, some of Trump’s acts, such denying Head Start to children without legal status, already violate Plyler.
Without a doubt, Plyler is under more pressure from the Trump administration, Chemerinsky stated. Trump’s actions undoubtedly have the potential to result in litigation that reach the Supreme Court. Could Plyler be overturned by this court? They could, of course. To overturn it, five justices would need to wish to do so.
Hopkins of UC San Diego stated that the present policy changes have had a chilling effect on immigrant families and schools, even if they are not overturned.In areas where immigration crackdowns are occurring, school attendance has decreased, which has impacted certain students’ academic performance and increased the achievement gap between Latino pupils and other groups. Following immigration arrests in their communities, Latino children and English language learners performed worse in math and English, according to a new analysis by Policy Analysis for California Education. They also reported a marked rise in bullying at school.
Hopkins added that the policies don’t work very well. Research indicates that encouraging immigrants to return to their home countries voluntarily is not always successful. Many families just relocated to Mississippi in 2011 after Alabama’s anti-immigrant law was approved.
Our biggest fear
According to Deneen Guss, superintendent of the Monterey County Office of Education, the new policies have caused a great deal of anxiety and perplexity among immigrant families in the county. In addition to schools, community events have seen a decline in attendance.
Schools have been encouraging parents to submit child care plans to schools in the event that a parent is arrested, offering booklets in Spanish on how to help children who are experiencing anxiety, hosting Know Your Rights information nights (both in-person and virtually), and providing a wealth of legal and other resources in order to support families.
But I was concerned when the Trump administration declared it was removing youngsters without legal status from Head Start, Guss added. That gave me the impression that Plyler was the target. That s our biggest fear.
She is concerned about how families will be affected and how school employees would be forced to verify pupils’ citizenship documents. Schools do not now inquire about a student’s immigration status.
Educators jobs are hard enough, Guss said. Our job is to give children the best possible education. Don t make us become immigration officers. It s a position we do not want.
She s been urging parents, and the public, to stay informed and speak out. Regardless of whether the Supreme Court overturns Plyler, anti-immigrant policies are almost certain to continue, with devastating consequences for students.
You can t sit back and pretend everything is going to be OK, Guss said. People need to ensure their voices are heard. And we have to fight for our kids.
CalMatters has further information.
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