Educating Undocumented Children
Esteban Flores, an instructor at the University of New Mexico, discusses several court rulings on the educational rights of undocumented children. In 1980, Judge Woodrow Seals ruled against the Houston Independent School District when he argued that all children, regardless of legal status, were entitled to free public education. The State of Texas appealed the decision, and the case went all the way to the Supreme Court, which ruled in favor of the children. Flores describes how he became involved in the case through his research on immigration. He also explains the history of the case and its origins in the economic recession of the late 1960s, during which administrators feared that educating undocumented children would drain the state’s finances. In the mid-1970s, legislators revised the Texas Educational Code and denied free public education to undocumented children.
Flores then discusses how nativism and racism have contributed to exclusionary laws. He also looks at several cases that are currently challenging the state’s revision, including the Houston ISD case and one in Tyler, Texas. He explains several of the issues that each side has presented and looks at the parties that have filed amicus curiae briefs. He also discusses a current case in which the state is challenging its obligation to provide free education. He hopes the latest Supreme Court decision will encourage lower courts to rule in favor of educating undocumented children and discusses other ways in which we can guarantee their access to education.
KEYWORDS
14th AmendmentAustin, Texas
Barbara Hines
Brownsville
Citizenship
Class Action Lawsuits
Constitution
Department of Justice
Due Process
Economic Recession
Economy
Esteban Flores
Gilberto Cardenas
Harlingen
Houston
Illegal Alien
Immigration
In re Alien Children Education Litigation
Isaias Torres
Legal Aid
MALDEF
Mexican American Legal Defense and Education Fund
Nativism
New Orleans
Peter Shay
Plyler v. Doe
Public Education
Quota System
Racism
Supreme Court
Texas
Texas Educational Code
Tyler, Texas
Undocumented Children
Undocumented Immigration
Undocumented Workers
William Justice
Woodrow Seals
Youth Culture