Texas Governor Sparks Backlash With Talk of Rolling Back Free School for Immigrant Kids
States

Texas Governor Sparks Backlash With Talk of Rolling Back Free School for Immigrant Kids

By Robert T. Garrett, The Dallas Morning News — May 06, 2022 5 min read
Texas Gov. Greg Abbott speaks at a news conference in Austin, Texas, on June 8, 2021.
  • Save to favorites
  • Print

Gov. Greg Abbott has infuriated immigration advocates and educators by suggesting Texas may challenge a longstanding U.S. Supreme Court decision that says states and localities can’t bar unauthorized immigrant children from attending public schools.

On Thursday, critics assailed the Republican governor as “hare-brained” and “cruel.”

Beto O’Rourke, Abbott’s Democratic opponent in the November election, went further.

See Also

A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022 in Washington. A draft opinion circulated among Supreme Court justices suggests that earlier this year a majority of them had thrown support behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night in Politico. It's unclear if the draft represents the court's final word on the matter. The Associated Press could not immediately confirm the authenticity of the draft Politico posted, which if verified marks a shocking revelation of the high court's secretive deliberation process, particularly before a case is formally decided.
A crowd gathers outside the U.S. Supreme Court Monday night after the leak of a draft opinion suggesting the court intends to overturn the 1973 <i>Roe v. Wade</i> precedent that legalized abortion nationwide.
Alex Brandon/AP

“He’s trying to defund our public schools,” O’Rourke said at a news conference in Austin.

The criticisms followed Abbott’s appearance by phone on a San Antonio radio talk show, during which he agreed with the host that the costs of educating a growing number of immigrant children in public schools and in many languages “are extraordinary.”

Also, Abbott said “times are different” from four decades ago, when the high court ruled unconstitutional a Texas law that allowed school districts to charge tuition to parents of unauthorized immigrant school children — in effect, a blockade.

Tyler schools sought to impose annual tuition per child of $1,000, the equivalent today of about $5,300.

Other than to say that migrants are entering Texas from 155 countries and speaking many languages, Abbott did not elaborate on what’s changed that would persuade the Supreme Court to overrule its 1982 decision in Plyler v. Doe.

“The challenges put on our public systems is extraordinary,” Abbott told WOIA-AM’s conservative host Joe “Pags” Pagliarulo in a program that aired Tuesday night. (Though Pagliarulo’s website says the show aired Wednesday, that’s incorrect, Abbott’s office confirmed.) “Texas already, long ago, sued the federal government about having to incur the costs of that education program,” Abbott said.

He added, “I think we will resurrect that case and challenge this issue again because the expenses are extraordinary and the times are different than when Plyler vs. Doe was issued many decades ago.”

See Also

A multiple exposure of a wooden gavel and a long row of columns from a courthouse.
iStock/Getty Images Plus

Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, or MALDEF, slammed Abbott as an “irresponsible” and “desperate” practitioner of “dog-whistle populism” in the mold of former President Donald Trump.

“First, Abbott needs some remedial education on Plyler itself,” Saenz said in a written statement. “This was a case brought against Texas, not by Texas, as Abbott asserted. The case was filed by MALDEF on behalf of students threatened by a Texas statute allowing schools to exclude undocumented students from public school.”

In the four-decade-old ruling, the Supreme Court split 5-4 on declaring the Texas law unconstitutional. But even the four dissenters agreed with the majority that Texas was unwise to pass the law, Saenz noted.

“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,” he said.

Asked about Abbott’s remarks, White House press secretary Jen Psaki said, “That’s ultra-MAGA right there. … Denying public education to kids, including immigrants to this country, I mean, that is not a mainstream point of view.”

Abbott’s stance, she added, is “way out of the mainstream.”

In Houston on Thursday, Abbott said the federal government is foisting big education costs on states by not securing the border — costs much higher than 40 years ago.

Either states must be given “full authority to enforce U.S. immigration laws or Plyler will have to go,” he said after a small-business roundtable.

O’Rourke blasted Abbott for threatening settled constitutional law that has opened K-12 classrooms to all youngsters, regardless of immigration status.

“This is very telling, and I want everybody to pay specific attention to the phrasing of this,” O’Rourke said at a news conference at the Texas Capitol. “Governor Abbott is against providing public education to all the children of the state of Texas. Now he’s saying out loud what we know he’s been working on ever since he became governor — he’s trying to defund our public schools.” O’Rourke noted that teacher salaries in Texas badly lag those of their counterparts in other states.

David Leopold, an immigration attorney and legal adviser to the advocacy group America’s Voice, said Abbott has helped build an “anti-immigrant judicial pipeline” and can now “confidently broaden his war on immigrants to a brazen attack on undocumented children,” knowing “his judicial challenge to Plyler will land in the courtroom of one of his Republican political allies.”

Zeph Capo, president of Texas AFT, a teachers’ union, lashed Abbott’s remarks as “cruel, small-minded thinking.”

“If the governor succeeds, he would be disrupting thousands of Texas school campuses, thrusting them into a world where spiteful adults target children with questions about their legal status,” Capo said in a written statement. “Students would face speculation over the color of their skin or their accent, even if they are legal residents.”

According to the late University of Houston Law Center professor Michael Olivas, who wrote the 2012 book No Undocumented Child Left Behind, the Texas Legislature held no public hearings in 1975 on the provision letting school districts charge tuition to parents of unauthorized school children.

“Certain border Texas school superintendents had supported the legislation, which was enacted without controversy as a small piece of larger, routine education statutes,” Olivas recounted in a 2010 article previewing his book.

Tyler, where the superintendent was James Plyler, had about 60 unauthorized immigrants enrolled out of total student population of about 16,000. Invoking the new state law, Tyler began charging $1,000 annual tuition for each unauthorized immigrant student. According to Olivas, a Catholic lay worker objected to a local lawyer, who with MALDEF filed a case in federal district court on behalf of four families, whom the court allowed to be identified using pseudonyms.

Though the district court judge in 1978 found both the state law and Tyler’s policy unconstitutional, as violating the 14th Amendment’s equal protection clause, appeals took four years to resolve. The Plyler case and a similar one from Houston went to the U.S. Supreme Court for arguments in 1981.

The next year, five justices affirmed the district court, saying Texas had failed to show its denial of a K-12 education to some children “furthers some substantial state interest.” Barring unauthorized immigrant children from school is “an ‘ineffectual’ means of deterring unlawful immigration, at least when compared to a prohibition against the employment of illegal aliens,” said Justice William Brennan, writing for the majority.

Because of “circumstances beyond their control,” the unauthorized immigrant children would be accorded second-class status, a “treatment that the 14th Amendment was designed to abolish.”

Brennan warned, “The stigma of illiteracy will mark them for the rest of their lives.”

Copyright (c) 2022, The Dallas Morning News. Distributed by Tribune Content Agency.

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
College & Workforce Readiness Webinar
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
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
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive
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
Families & the Community Webinar
Celebrate Family Engagement Day With Strategies That Work
Join National PTA and AASA to explore practical systems-wide family engagement strategies in celebration of National Family Engagement Day.

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

States How the Midterm Results Could Reshape Some States' Reading Policies
Newly elected Democratic governors say raising literacy achievement is a priority.
8 min read
Elliott Hart, 4, smiles at her dad, Michael Hart, on Oct. 29, 2026 while wearing a sticker on her face during a Get Out the Vote rally for Ohio Democrats. including Amy Acton, candidate for governor, Thursday, October 29, 2026, at the UAW Local 12 Union Hall in Toledo, Ohio.
Elliott Hart, 4, smiles at her dad, Michael Hart, on Oct. 29, 2026 while wearing a sticker on her face during rally for Ohio Democrats. Amy Acton, who won the governorship in the state, has vowed to keep the state's focus on literacy and expand it.
Jeremy Wadsworth/The Blade via AP
States Trump's Education Agenda Gets a Boost on an Otherwise Punishing Night for the GOP
Four states are poised to bar transgender girls from female sports or broaden existing bans.
5 min read
Masaki Yoshikawa phone banks for Let's Go Washington, a group backing Washington State Initiative 638, which would prohibit transgender girls from competing in girls' sports, Monday, Oct. 19, 2026, in Bellevue, Wash.
Masaki Yoshikawa phone banks for Let's Go Washington, a group backing Washington state's Initiative 638, which would prohibit transgender girls from competing in girls' sports, on Oct. 19, 2026, in Bellevue, Wash. The measure was one of four on state ballots Tuesday concerning transgender student-athletes.
Lindsey Wasson/AP
States The 4 Big K-12 Questions This Election Day
The answers will help to determine what's next for education policy.
7 min read
People walk from the Office of the Supervisor of Elections during early voting in the 2026 midterm elections, Tuesday, Oct. 27, 2026, in Doral, Fla.
People walk from the Office of the Supervisor of Elections during early voting in the 2026 midterm elections, Tuesday, Oct. 27, 2026, in Doral, Fla. Voters are making decisions with major implications for the nation's schools this election season.
Lynne Sladky/AP
States How Much Time Do Students Spend in School? It Depends on the State
State laws vary from 160 to 186 required school days per year.
Students raise their hands in Lindsey Wuest's Science As Art class at A.D. Henderson School in Boca Raton, Fla., Tuesday, April 16, 2024. When teachers at the K-8 public school, one of the top-performing schools in Florida, are asked how they succeed, one answer is universal: They have autonomy.
Students raise their hands in Lindsey Wuest's Science As Art class at A.D. Henderson School in Boca Raton, Fla., on April 16, 2024. Florida is one of 32 states that requires at least 180 days of instruction per school year. Instructional time requirements vary by state, ranging from 160 days in Colorado to 186 days in Kansas.
Rebecca Blackwell/AP