After certifying a class consisting of all undocumented school-age children of Mexican origin residing within the School District, the District Court preliminarily enjoined defendants from denying a free education to members of the plaintiff class. Were it our business to set the Nation’s social policy, I would agree without hesitation that it is senseless for an enlightened society to deprive any children — including illegal aliens — of an elementary education. Legislation predicated on such prejudice is easily recognized as incompatible with the constitutional understanding that each person is to be judged individually and is entitled to equal justice under the law. Whatever his status under the immigration laws, an alien is surely a “person” in any ordinary sense of that term. We noted probable jurisdiction, U.

Even assuming that the net impact of illegal aliens on the economy is negative, charging tuition to undocumented children constitutes an ineffectual attempt to stem the tide of illegal immigration, at least when compared with the alternative of prohibiting employment of illegal aliens. Writing for the majority, Justice William Brennan concluded: In , Congress passed two pieces of legislation targeting immigrants: But it hardly can be argued rationally that anyone benefits from the creation within our borders of a subclass of illiterate persons, many of whom will remain in the State, adding to the problems and costs of both State and National Governments attendant upon unemployment, welfare, and crime. This exacting standard of review has been reserved for instances in which a “fundamental” constitutional right or a “suspect” classification is present. The Fourteenth Amendment provides that “[no] State shall.

I continue plyer believe that an individual’s interest in education is fundamental, and that this view is amply supported “by the unique status accorded public education by our society, and soe the close relationship between education and some of our most basic constitutional values.

Only a pedant would insist that there are no meaningful distinctions among the multitude of social and political interests regulated by the States, and Rodriguez does not stand for quite so absolute a proposition.

Both the importance of education in maintaining our basic institutions, and the lasting impact of its deprivation on the life of the child, mark the distinction. The inability to read and write will handicap the individual deprived of a basic education each and every day of his life.


And when those children are members of an identifiable group, that group — through the State’s action — will have been converted into a discrete underclass. Essayy Law into Their Own Hands: These arguments do not apply with the same force to classifications imposing disabilities on the minor children of such illegal entrants.

History Lesson Plyler v. Doe: Can States Deny Public Benefits to Illegal Immigrants?

Sorry, but copying text is not allowed on this site. The classification in question severely disadvantages children who are the victims of a combination of circumstances. The Court of Appeals noted that De Canas v.

plyler v doe essay

In addition, it could hardly be suggested that undocumented status is a “constitutional irrelevancy. While appeal of the District Court’s decision was pending, the Court of Appeals rendered its decision in No. We noted probable jurisdiction. Suggesting that “the state’s exclusion of undocumented children from its public schools.

The Court acknowledges that the Tyler Independent School District provides a free public education to any alien who has obtained, or is in the process of obtaining, documentation from the United Essaay Immigration and Naturalization Service.

Others have noted that strict scrutiny under the Equal Protection Clause is unnecessary when classifications infringing enumerated constitutional rights are involved, for.

Plyler v Doe Essay

Many came from Mexico to work for low wages in border states like Texas. And it cautioned that, in a case. Yet by patching together bits and pieces of what might be termed quasi-suspect-class and quasi-fundamental-rights analysis, the Court spins out a theory custom-tailored to the facts of these cases. It allowed these districts to determine f was denied access to enrollment.

InCalifornia voters approved a referendum, Propositionthat would have denied virtually all state-funded benefits — including public education — to unauthorized Californians.

Educating About Immigration

In addition to the pivotal role of education in sustaining our political and cultural heritage, denial of education to some isolated group of children poses an affront to one of the goals Page U. Court of Appeals for the Fifth Circuit affirmed the decision.


plyler v doe essay

However, Texas has classified appellees on the basis of their own illegal status, not that of their parents. If I were to have been one of those voting on Plyler v Doe, I would have been with the five who had decided that it was wrong to deny these children of their education.

Plyler v. Doe | CourseNotes

Texas had a law denying benefits to schools to teach undocumented illegal school age children, and allowing these schools to deny admission to those students as well. Answering the Call of the Court. And illegal entry into the country would not, under traditional criteria, bar a person from obtaining domicile within a State. InTexas enacted a state law that enabled its public school districts to charge tuition to parents of unauthorized school children. Indeed, we have clearly held that the Fifth Amendment protects aliens whose presence in this country is unlawful from invidious discrimination by the Federal Government.

In other contexts, undocumented status, coupled with some articulable federal policy, might enhance state authority with respect to the treatment of undocumented aliens. Denying a free education to illegal alien children is not a vv I would make were I a legislator. B Once it is conceded — as the Court does — that illegal aliens are not a suspect class, and that education is not a fundamental right, our inquiry should focus on and be limited to whether the legislative classification at issue bears a rational relationship to a legitimate state purpose.

WilsonF. Other estimates run as high as 12 million. The conclusion reflected the longstanding distinction between exclusion proceedings, involving the pkyler of admissibility, and deportation proceedings.