Abbott said that states need to be able to enforce their own immigration policies, or the federal government should cover the cost of educating undocumented children in public schools.
Students learn about Martin Luther King Jr. in Rosa Ramirez's second grade class at Linder Elementary School in Austin on Jan. 14, 2022.Greg Abbott
In that case, four immigrant families had sued the Tyler Independent School District for expelling their children when they could not provide birth certificates. The governor said those two decisions together violate the U.S. Constitution, which says the federal government can’t commandeer a state employee or a budget to enact federal policy.
“[W]hile the Supreme Court split on the constitutionality of the Texas statute challenged in Plyler, all of the justices, including then-Associate Justice William Rehnquist, agreed that the Texas law seeking to exclude undocumented children from school was bad public policy,” said Thomas Saenz, MALDEF president and general counsel. “All justices recognized the folly in excluding certain kids from school; ubiquitous truancy laws embody this well-supported notion.
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