In July 1977, it adopted a policy requiring undocumented children to pay a "full tuition fee" in order to enroll. Honor Code. Despite the enactment of § 21.031 in 1975, the School District had continued to enroll undocumented children free of charge until the 1977-1978 school year.
* In a sense, the Court's opinion rests on such a unique confluence of theories and rationales that it will likely stand for little beyond the results in these particular cases. 80-1934.Richard L. Arnett, Austin, Tex., for State of Tex. Plyler V. Doe (1981) US Supreme Court ruled that denying any individual the right to an education violated the Equal Protection Clause of the US Constitution. (d) Texas' statutory classification cannot be sustained as furthering its interest in the "preservation of the state's limited resources for the education of its lawful residents." Plyler v. Doe (1982) The Supreme Court ruled that a Texas law forbidding illegal immigrants to attend public school was unconstitutional because it violated the … Globe, 39th Cong., 1st Sess., 1292 (1866). Cong. A State may not, however, accomplish what would otherwise be prohibited by the Equal Protection Clause, merely by defining a disfavored group as nonresident. It is thus difficult to conceive of a rational justification for penalizing these children for their presence within the United States.
Surely if illegal alien children can be identified for purposes of this litigation, their parents can be identified for purposes of prompt deportation.The solution to this seemingly intractable problem is to defer to the political processes, unpalatable as that may be to some.Because I believe that the Court's carefully worded analysis recognizes the importance of the equal protection and preemption interests I consider crucial, I join its opinion as well as its judgment.I use the term "citizen" advisedly. Pp. The deprivation of public education is not like the deprivation of some other governmental benefit.
Tr. Who is primarily responsible for …
The record does not show that exclusion of undocumented children is likely to improve the overall quality of education in the State.
App. Although undocumented resident aliens cannot be treated as a "suspect class," and although education is not a "fundamental right," so as to require the State to justify the statutory classification by showing that it serves a compelling governmental interest, nevertheless the Texas statute imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. Quizlet Learn.
2400-2402.The court concluded that § 21.031 was not pre-empted by federal laws or international agreements. c. the right to privacy does to extend to unmarried couples. Nor is there any merit to the suggestion that undocumented children are appropriately singled out for exclusion because of the special burdens they impose on the State's ability to provide high-quality public education. 80-1538, the confluence of Government policies has resulted in "the existence of a large number of employed illegal aliens, such as the parents of plaintiffs in this case, whose presence is tolerated, whose employment is perhaps even welcomed, but who are virtually defenseless against any abuse, exploitation, or callous neglect to which the state or the state's natural citizens and business organizations may wish to subject them."
This is a class action, filed in the United States District Court for the Eastern District of Texas in September 1977, on behalf of certain school-age children of Mexican origin residing in Smith County, Tex., who could not establish that they had been legally admitted into the United States. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Community Guidelines.
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