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Plyler v. Doe (1982) |
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A sharply divided Court handed down a five-four
decision that illegal Mexican immigrants were
entitled to attend public school. The Court
seemed to rely on both the conclusion that
illegal aliens are entitled to the protection
provided by the equal protection clause of
the Fourteenth Amendment, and the conviction
that a public school education is a fundamental
right regardless of citizenship status.
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This case was tremendously important, as it
indicated that the Supreme Court was willing
to extend certain constitutional protections
to non-citizens. The Court also spoke in sweeping
terms about the value of the public education
system and its position in our society as
an important socializing institution, imparting
those shared values through which social order
and stability are maintained." However,
since the decision was five-four and has subsequently
been called into question, the continuing
force of this idea is uncertain. The scope
of this decision is also unclear; it is difficult
to predict which rights the Court would consider
"fundamental" and therefore available
to non-citizens as well as lawful citizens,
and which it would consider withheld from
illegal immigrant groups.
For a full transcript of this case, go to:
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