1. Plyler v. Doe, (1982)
2. Facts: 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.
3. Procedural Posture: The lower courts held that the exclusion of the children from free public education violated equal protection.
4. Issue: Whether the exclusion of the non-documented illegal immigrant children from free public education violates equal protection.
5. Holding: Yes.
6. Majority Reasoning: Illegal immigrant children are entitled to 14th amendment protection. Although the right to free public education is not fundamental, and illegal aliens are not a suspect class, the children are not able to control their status, and should not be held accountable for the actions of their parents. By depriving the children of the education, the law forecloses any means by which that child may elevate himself into a functioning member of society. As such, the law must further some substantial goal of the State [intermediate level of review]. There appear to be no federal level objectives in denying these children education. The state’s justification of preserving scarce resources for legitimate citizens is not rationally served because employment, not education, is the dominant reason for illegal immigration. The state’s justification that undocumented children are unlikely to remain in the U.S. and become citizens is not supported by any proof.
7. Dissent Reasoning: The court is overstepping its bounds in finding a non-fundamental right, and a non-suspect class, to require special judicial scrutiny. Their reasoning is wholly result-oriented, and against precedent. The proper measure of review is rational basis. It is not irrational for a state to exclude illegitimate children from school in order to save costs. However, this is a choice for the legislature.
