School & District Management

Project 2025 Group Targets Undocumented Students’ Access to Free Education

By Ileana Najarro — February 20, 2026 3 min read
An American flag is seen upside down at the conservative Heritage Foundation in Washington, May 31, 2024.
  • Save to favorites
  • Print

Undocumented students can attend public schools for free thanks to the 1982 U.S. Supreme Court decision in Plyler v. Doe, which held that denying children an education based on immigration status violates the Constitution’s equal protection clause.

That ruling remains binding federal law, even as the Heritage Foundation, the conservative think tank behind the Project 2025 policy playbook shaping much of President Donald Trump’s agenda, published a policy document on Feb. 17 calling on states to intentionally enact laws or rules restricting free public education for undocumented students and calling on the highest court to overturn the landmark decision.

In February 2024, the Heritage Foundation published a brief recommending that states challenge the Plyler decision. Since Trump’s reelection win in November 2024, at least three states have proposed action to limit undocumented students’ access to a free, public education, while similar efforts in four other states have failed, according to an Education Week analysis.

The new Heritage Foundation policy document reiterates the organization’s claims from 2024—that undocumented students are an economic burden on schools—and now includes model legislation state leaders can use to provoke a legal challenge to Plyler.

“It is fiscal negligence on the part of state governments that their taxpayers don’t know how much they’re spending on educating children who aren’t supposed to be in the country. Collect the data, calculate the costs, and make informed policy decisions,” said Lora Ries, director of the Heritage Foundation’s border security and immigration center, and author of the new policy document, in a statement.

But unless and until the U.S. Supreme Court overturns the ruling, Plyler v. Doe remains the law nationwide.

Plyler remains federal law

Under the Plyler decision, states cannot deny free public K-12 education to children based on immigration status. For that reason, school districts must not collect or require proof of citizenship during enrollment.

Ohio, New Jersey, and Tennessee have recently proposed actions that would require schools to collect immigration-related information or charge tuition to undocumented families. None has taken effect, and no state has successfully challenged Plyler’s legal precedent in its more than 40-year history.

State laws challenging Plyler in California and Alabama in 1994 and 2011, respectively, were struck down before implementation, said Thomas A. Saenz, the president and general counsel of the Mexican American Legal Defense and Educational Fund, or MALDEF, which litigated the original Plyler v. Doe case.

Saenz noted that Plyler policy is incorporated into federal statute, making it difficult for challenges to succeed.

Additionally, an EdWeek analysis has found that since Trump’s reelection, at least two states have enacted protections of undocumented students’ access to a free, public education, and at least one state is currently proposing to protect that right.

Ries said it would ultimately be up to states on whether they charge tuition of undocumented students.

What schools need to know

The Heritage Foundation’s policy document arrives as schools serving immigrant students are grappling with heightened immigration-enforcement activity that educators say disrupts learning and harms students’ emotional well-being.

Since the Trump administration rescinded policies limiting immigration-enforcement actions near schools—and rolled back federal guidance outlining protections for English learners and immigrant students last year—educators are increasingly reporting the need to address families’ fears and anxieties while safeguarding students’ access to education.

For Saenz, it’s critical that school leaders understand that Plyler remains the law and share such messaging with families to avoid parents hesitating to enroll their children.

He added that there have been instances where schools have violated students’ rights and not enrolled them due to their immigration status. While those violations have been reversed, he wants schools to make sure they don’t happen in the first place.

“The law has not changed. Nothing has changed with respect to this issue whatsoever,” he added.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management Video Meet the 2026 Superintendent of the Year
A Texas schools chief says his leadership is inspired by his own difficulties in school.
Superintendent Roosevelt Nivens speaks after being announced as AASA National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026.
Superintendent Roosevelt Nivens speaks after being announced as AASA National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026.
Kaylee Domzalski/Education Week
School & District Management Simulations Aim to Prepare Superintendents to Handle Political Controversies
The exercises, delivered virtually or in-person, can help district leaders role-play volatile discussions.
3 min read
021926 AASA NCE KD BS 1
Superintendents and attendees get ready for the start of the AASA National Conference on Education in Nashville, Tenn. on Feb. 11, 2026. A team of highlighted new scenario-based role-playing tools that district leaders can use to prep for tough conversations with school board members and other constituencies.
Kaylee Domzalski/Education Week
School & District Management What School Leaders Should Do When Parents Are Detained (DOWNLOADABLE)
School leaders are increasingly in need of guidance due to heightened immigration enforcement.
1 min read
Valley View Elementary School principal Jason Kuhlman delivers food donations to families from the school Tuesday, Feb. 3, 2026, in Columbia Heights, Minn.
Valley View Elementary School Principal Jason Kuhlman delivers food donations to school families on Feb. 3, 2026, in Columbia Heights, Minn. School leaders in the Twin Cities have been trying to assuage the fears of over immigration enforcement.
Liam James Doyle/AP
School & District Management Texas Leader Named Superintendent of the Year
The 2026 superintendent of the year has led his district through rapid growth amid a local housing boom.
2 min read
Superintendent Roosevelt Nivens speaks after being announced as AASA National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026.
Superintendent Roosevelt Nivens of the Lamar Consolidated schools in Texas speaks after being named National Superintendent of the Year in Nashville, Tenn. on Feb. 12, 2026, at the National Conference on Education sponsored by AASA, The School Superintendents Association.
Kaylee Domzalski/Education Week