A Portrait of the Legal Barriers to the Education of Immigrant Children: An Analysis of State Statutes and National Initiatives

Abstract

In the 1982, ruling of Plyler v. Doe the Supreme Court of the United States ruled that undocumented children cannot be denied a public education. Yet, as this chapter is being written in 2015, states across the United States have passed statutes preventing the education of these children and by practical extension documented children and their families. A package of Executive Actions by President Obama in November of 2014 modestly benefited and impacted the rights of undocumented immigrants, but did not challenge the state laws affecting school children and university students. In this chapter, we will review the rights to education of immigrant children. We will review the national scene as it stands amidst confusion in the absence of meaningful immigration reform by the U.S. Congress and the puzzle of the states arbitrarily denying rights flowing from the Fifth and Fourteenth Amendments of the United States Constitution, carefully articulated in Plyler. We intend to present a blunt portrait of rights denied and children left behind.

Citation

Elue, C.A. and First, P.F. (2015), "A Portrait of the Legal Barriers to the Education of Immigrant Children: An Analysis of State Statutes and National Initiatives", Legal Frontiers in Education: Complex Law Issues for Leaders, Policymakers and Policy Implementers (Advances in Educational Administration, Vol. 24), Emerald Group Publishing Limited, Leeds, pp. 59-84. https://doi.org/10.1108/S1479-366020150000024030