Heritage Foundation Seeks to Overturn Landmark Educational Protections for Immigrant Children

The Heritage Foundation, a MAGA movement think tank and the mastermind behind 'Project 2025', is targeting the education of immigrant children. Their goal is for the Supreme Court to overturn the 1982 ruling, Plyler v. Doe, which prohibits denying free public education to children based on their immigration status.

This ruling, though less well-known than Brown v. Board of Education, has had a significant impact. Alejandra Vázquez Baur, from The Century Foundation, has documented the benefits of Plyler, including economic advantages for state and local governments, as the taxes paid by beneficiaries exceed the cost of their education. The movement seeks to restrict access to education for undocumented children, denying them their constitutional right to equal legal protection and harming society in general.

The Heritage Foundation seeks to intensify its efforts, taking advantage of the Supreme Court's conservative majority. Stephen Miller, a former White House official, has pressured Republican lawmakers to act against Plyler, reflecting an anti-immigrant stance that dates back 30 years. In 2024, Heritage urged states to pass legislation that would allow the Supreme Court to reconsider Plyler. Heritage's director of education policy, Lindsey Burke, now a functionary in the Department of Education, has been key to this strategy.

Heritage's stance comes at a time when schools serving immigrant students are facing increased immigration enforcement activity, which disrupts learning and affects the emotional well-being of students, according to an Education Week analysis. Heritage's goal is to reverse Plyler, with the support of figures like Corey DeAngelis, who criticizes the ruling and supports measures such as those of Tennessee Republicans, who seek to verify the immigration status of students.

Tennessee Republicans, among others, are pushing legislation that could challenge the Plyler ruling. The proposed legislation would allow K-12 schools to deny entry to undocumented students or charge them tuition. Texas Governor Greg Abbott has also expressed his intention to overturn Plyler.

In 2024, legislation challenging the ruling was introduced in six states, although none became law. There are no good reasons to overturn Plyler, as this would harm innocent children and undermine their ability to contribute to their communities and the country. The Supreme Court, which has already overturned Roe and is dismantling the Voting Rights Act, could be an obstacle to preventing this important resolution from being overturned.

The Plyler v. Doe ruling, issued 44 years ago, established that children, regardless of their immigration status, are entitled to a free public education. This ruling overturned a 1975 Texas law that denied state funds to undocumented students and sanctioned school districts that enrolled them.

The impact of Plyler has been significant, benefiting American communities by cultivating the learning of immigrant children. The Heritage Foundation seeks to reverse this ruling, which could have negative consequences for hundreds of thousands of children and for society in general. History shows that even in the past, figures like John Roberts, current Chief Justice of the Supreme Court, have held positions against the protection of immigrants' rights.