Republicans are intensifying efforts to challenge a Supreme Court ruling that requires public schools to provide free education to children in the country illegally.
The push centers on Plyler v. Doe, a 1982 decision that mandates states to fund K-12 education regardless of immigration status.
The Hill reported that lawmakers and White House advisers are now weighing legal and legislative strategies to revisit or overturn the ruling.
At a House Judiciary subcommittee hearing, Rep. Chip Roy, R-Texas, said, "It's time we meet the moment to overturn Plyler v. Doe.
"It's time for Congress and the courts to address the glaring failures of this court decision and finally alleviate Texans and Americans alike from this burden."
Roy added in a post to social media, "I held a hearing yesterday on Plyler v. Doe … and Democrats literally couldn't acknowledge that we should remove people who are here illegally.
"They couldn't acknowledge that there's some limit to how many people could come here, they wouldn't acknowledge that sanctuary cities are bad."
Roy also said data on student performance should "prompt a broader discussion about demands placed on schools and educators who must use limited resources meant for American students by American taxpayers to help immigrant children achieve proficiency standards."
The debate has extended beyond Congress, with Tennessee advancing legislation requiring proof of immigration status for school enrollment.
The bill would still allow students without verified status to attend school, but districts would be required to report those numbers to the state.
White House deputy chief of staff Stephen Miller raised the issue in a meeting with Texas lawmakers, questioning why the state funds education for children in the country illegally.
According to participants in that meeting, Miller encouraged state-level action as a way to advance immigration policy where Congress has stalled.
Texas lawmakers have discussed proposals that would limit education funding to students who are citizens or lawfully present, directly challenging the Plyler precedent.
An estimated 3.2 million public school students nationwide live in households led by individuals in the country illegally.
Supporters of revisiting Plyler argue the ruling imposes financial strain on school systems and oversteps federal authority on immigration.
Matthew O'Brien, of the Federation for American Immigration Reform, said the decision "improperly restricted state control over limited educational resources" and created burdens for schools.
Opponents argue overturning the decision would conflict with long-standing legal protections and could increase challenges for school systems already dealing with absenteeism and resource constraints.
Legal observers say a direct challenge could arise if a state enacts policies limiting access or collecting immigration data, potentially setting up a Supreme Court review.
Some analysts also point to a pending case on birthright citizenship as a possible factor that could influence future challenges to Plyler.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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