Plyler v. Doe / Immigration - Colorado Public Education Watch

Plyler v. Doe

Plyler v. Doe, 457 U.S. 202 (1982)

Notre Dame expert says immigrant children need access to education
Resources
- Explainer: Proposed State Legislation on K-12 Enrollment and Immigration Documentation – Tennessee and South Carolina
  - This explainer offers an overview of both bills and examines how the proposed legislation could affect residents of Tennessee and South Carolina. It also analyzes the legal and demographic context behind the bills’ introduction.
- Have You Heard Podcast Episode #208 ‘A Lifetime of Hardship’
  - Forty plus years ago, the Supreme Court ruled that denying immigrant students access to public education would impose a lifetime of hardship on them. Today, that landmark decision remains on the books despite the Trump Administration’s harsh crackdown on immigrants. We start the episode in Chicago, where schools and students have been caught up in Operation Midway Blitz. Then we revisit the Plyler decision, why it matters, and why state level efforts to roll back its protections are so dangerous.
- NEPC Talks Education: An Interview With Sophia Rodriguez and Jacob Kirksey About Immigration and K-12 Education Policy
  - University of Wisconsin‑Madison Assistant Professor Christopher Saldaña interviews Sophia Rodriguez and Jacob Kirksey about how changes in immigration policy affect students, families, and educational communities.
- Education for All campaign | National Immigration Law Center
- How to Support Immigrant Students and Families: Strategies for Schools and Early Childhood Programs | colorincolorado.org
- ImmigrantEdNext
- Plyler for Dummies
  - The majority opinion, written by Justice William J. Brenan. found that the law was aimed squarely at children and discriminated against them for a characteristic that they could not control. The ruling also asserted that there is a state and national interest in educating these children, regardless of immigration status, because denying them an education would lead to “the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare, and crime.”
- Public Education for Immigrant Students: Understanding Plyler v. Doe | American Immigration Council
- The Power of Plyler | fwd.us
  - Granting Undocumented Students Access to Public Education Delivers $633 Billion Return on Investment | New America
Legislation Efforts to Overturn Plyler v. Doe
- Which States Are Challenging Undocumented Students’ Right to Free Education? | Education Week
- The price of denial: State lawmakers’ efforts to undermine Plyler v. Doe and the fiscal fallacy of exclusion
- Idaho
  - Niskanen Center
    - “During this year’s legislative session in Idaho, lawmakers introduced HB302, which would require schools to maintain records of the immigration status and nationality of all enrolled students. This bill died in committee.”
- Indiana
  - Niskanen Center
    - “Legislators introduced HB1394 in Indiana during the 2025 legislative session. The bill would deny enrollment to students who were in the U.S. “in violation of the law.” This bill never received a committee hearing and can be considered to have failed.“
- Louisiana
  - New immigrant-tracking laws take effect in Louisiana
- Oklahoma
  - Proof of Legal Status to Enroll in an Oklahoma School? It’s Complicated
    - Niskanen Center – “In Oklahoma, the state board of education approved an administrative rule that requires proof of citizenship or legal immigration status upon enrollment in public schools. The rule will now be reviewed by the Oklahoma state legislature, which can approve or deny it via a joint resolution. However, Oklahoma Governor Kevin Stitt has stated that he would veto this measure should it pass. At the time of writing, no further action has taken place in the state legislature to review the rule.“
- New Jersey
  - Niskanen Center
    - “In New Jersey, A5233, the “PLYLER Act,” was introduced this legislative session. It proposes that undocumented students be required to pay tuition to attend public schools. To date, this bill has not progressed.“
- Texas
  - What to know about Texas ending in-state tuition for undocumented students
  - Gov. Greg Abbott wants Texas universities, schools to disclose information on H-1B visa hirings
  - Gov. Greg Abbott says federal government should cover cost of educating undocumented students in Texas public schools
    - Niskanen Center – “In Texas, two separate bills have been introduced in the House of Representatives. HB371 would permit public schools to charge tuition for the enrollment of undocumented children, and HB5371 would require documentation of citizenship to enroll. At the time of writing, no further action has been taken on either bill.”
- Tennessee
  - This TN education bill could end up in the Supreme Court | Opinion
  - Tennessee GOP wants to track K-12 student immigration status | Chalkbeat
  - Without Funding, Tennessee’s School Immigration Bill May Hold Until Next Year
  - Niskanen Center
    - “In Tennessee, legislators have introduced three bills to strip undocumented children of their right to public education. HB0145 and SB0268 would have required parents, guardians, or legal custodians of undocumented children enrolled in public schools to pay tuition and fees; however, these bills failed in a Tennessee House committee. “
  - Republicans say they will still push education based on legal status
    - Republicans across the country had hoped to trigger a lawsuit challenging the law that would bring the issue back to the U.S. Supreme Court, similar to how a state law in Mississippi led to the court overturning federal abortion rights in 2022.
  - Here’s How Tennessee Can Put The Kibosh On Illegal Aliens Overrunning American Schools | The Federalist
    - The legislation’s progress during Tennessee’s 2025 session hit a roadblock, however, when HB 793 sponsor and House Majority Leader William Lamberth “pulled it from consideration” after a state review found that passage of the bill could cost the state up to $1.1 billion in federal education funding, according to NPR. The left-wing outlet reported that the majority leader sent a letter to the U.S. Department of Education “asking how much of the potential $1.1 billion in federal funding would be at risk” should the legislature enact the proposal.
  - A State Gets Closer to Challenging Undocumented Students’ Free Access to School
    - But Tennessee lawmakers, in an effort to challenge the Plyler decision, are debating legislation that would require schools to collect all students’ immigration information as soon as the 2026-27 school year.
Colorado

Feb. 2026
- The Jeffco school children who can’t stop worrying
  - In February 2025, the Jefferson County school board passed a resolution affirming its commitment to student safety regardless of immigration status, acknowledging that federal immigration enforcement activities “on or around district property and transportation routes” disrupt the learning environment. A year later, Caitlin Fitzpatrick of advocacy group Engage Jeffco told the board the resolution hadn’t translated into action.”The 2025 resolution was an important start, but the resolution alone is not enough,” Fitzpatrick said.As a Jeffco parent herself, she said the communication gap was personal: “We have not received an e-mail, text, or social media communication confirming these safeguards.”
- School board looks at policy dealing with immigration officials | Crested Butte News
  - During their January 26 meeting, the Gunnison Watershed School District school board reviewed the first reading of policy updates related to handling law enforcement, state agencies and federal immigration officials. And while superintendent Leslie Nichols shared with the Crested Butte News this week that it’s a mixed bag regarding student enrollment, the district has seen a slight drop of Gunnison students, “with some of that we believe due to immigrant families leaving Gunnison.”
- Denver School Board Could Consider Policy to Protect Students, Staff From Immigration Enforcement
  - Denver teachers would be prohibited from cooperating with federal immigration agents without a warrant, and school police officers would be barred from ticketing or arresting students if it would put the students at risk of deportation under a policy the Denver school board could discuss later this month.
Oct. 2025
- Roaring Fork school board discusses Culturally and Linguistically Diverse Education resolution | Post Independent
  - The Roaring Fork Schools District Board of Education discussed a new resolution on Culturally and Linguistically Diverse Education (CLDE)
    during their work session on Wednesday, ultimately deciding to table a vote until their Nov. 12 meeting in order to drive more community engagement on the topic before the resolution is enacted.
Articles