A renewed debate over public school access for undocumented children is gaining momentum in Texas, as Representative Chip Roy (R-TX) is pushing to challenge a 40-year-old Supreme Court precedent that guarantees them a free education.
At the center of the conversation is Plyler v. Doe, a 1982 Supreme Court decision that struck down a Texas law allowing school districts to deny enrollment to undocumented children.
The court ruled that undocumented children are "persons" protected under the 14th Amendment's Equal Protection Clause, entitling them to the same public education as any other child.
Back in 2022, Texas Governor Greg Abbott (R-TX) and several Republican lawmakers signaled that they wanted to revisit that precedent.
Continued Battle
Currently, Rep. Chip Roy has been among the most vocal.
In a post on X, he called for direct action, writing, "Texas should move to overturn the Plyler v. Doe decision that mandates taxpayers fund education for those here illegally. We must end every incentive, magnet, and program that undermines our sovereignty and the rule of law."
Roy expanded on that position in a recent interview, arguing the financial and policy implications stretch far beyond the classroom.
"The fact of the matter is that is a massive tax burden on the people of Texas," he said. "I don't believe that the Constitution requires that the state of Texas should fight it, and we should make a new precedent by taking it to court."
Roy also connected the issue to broader immigration pressures, citing birthright citizenship and access to healthcare as factors he believes incentivize illegal border crossings.
"You've got to change these incentives between free health care, education and birthright citizenship, which are basically pressures that are causing a lot of the turmoil," he said, adding that cartels exploit those policies to endanger migrants, including children.
Critics of the effort argue that removing undocumented children from classrooms would harm society long-term and amounts to punishing children for decisions made by their parents.
As of now, no legal challenge has been filed, but political pressure in Texas continues to build.
