Tennessee Should Challenge Supreme Court Precedent Allowing Illegal Immigrants in Public Schools
Source: Shawn Fleetwood. "Tennessee Can Stop Illegals From Overrunning American Schools." February 24, 2026. thefederalist.com
The Gist
The author argues Tennessee should pass a law letting schools refuse to enroll illegal immigrant children. This would challenge a 1982 Supreme Court case that currently requires schools to accept these students, potentially saving taxpayers money and resources.
Conclusion
Tennessee should pass legislation (SB 836/HB 793) allowing schools to refuse enrollment to illegal immigrants, which would challenge the Supreme Court's Plyler v. Doe precedent and potentially end illegal immigrants' access to American public education
Premises
- The 1982 Plyler v. Doe Supreme Court decision wrongly granted illegal immigrants access to American public schools by ruling that denying enrollment violates the 14th Amendment's equal protection clause
- American taxpayers are forced to subsidize education for illegal immigrants, with Tennessee alone spending $571 million in 2023 on K-12 education for illegal aliens and their U.S.-born children
- Schools must expend additional resources to accommodate non-English speaking students, creating further burden on the education system
- The proposed Tennessee legislation would create a direct legal challenge that could reach the Supreme Court for potential reexamination of Plyler v. Doe
- If the Supreme Court rules 'in accordance with the Constitution,' it would end what the author characterizes as illegal immigrants' abuse of American classrooms and tax dollars
Assumptions
- The 1982 Plyler v. Doe decision was constitutionally incorrect and should be overturned
- Illegal immigrants do not have constitutional rights to public education under the 14th Amendment
- The current Supreme Court would be more likely to overturn Plyler v. Doe than the 1982 court
- Excluding illegal immigrant children from public schools would be beneficial to American taxpayers and students
- Federal funding loss would be outweighed by the benefits of excluding illegal immigrant students