DeVos Seems Unaware of Supreme Court’s Protection of Undocumented Students’ Right to Public Education

Unaware? I almost wish she was. Unfortunately I’m convinced she knows precisely what she is doing. Sigh.


The 1982, U.S. Supreme Court decision in Plyler v. Doe established 14th Amendment protection of the right to primary and secondary education for children of undocumented immigrants.  Writing for the majority, Justice William Brennan renounced those who had advocated against the protection of the rights of undocumented children, declaring: “It is difficult to understand precisely what the state hopes to achieve by promoting the creation and perpetuation of a sub-class of illiterates.”

At the Law Professor Blogs Network last week, Derek Black explains further: “This flows from the general principle that ‘all persons within the territory of the United States,’ including aliens unlawfully present, may invoke the Fifth and Sixth Amendments to challenge actions of the Federal Government…. The Fourteenth Amendment was designed to afford its protections to all within the boundaries of a State.”

The Supreme Court decision in Plyler v. Doe has been in the news because…

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