The Congress can and should pass legislation clarifying that the Equal Protection Clause cannot be construed to compel a state to provide discretionary benefits, including public education, to anyone who is not legally admitted into the United States. The legislation should specify that it is not subject to judicial review.
I changed the bolding to highlight a constitutional point that most Americans are completely unaware of, and which the powers that be desperately don't want them to know. I'm referring to the US Constitution's Article III (Judiciary) clause's provision that is known as "the Exceptions Clause":
Article III - Section 2: “…the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
The dirty little secret that our corrupt political establishment doesn't want people to know is that the Congress has, and has always had, the power to stop the decades of activist judicial abuse and destruction of our rights and freedom, by simply legislating that certain issues are no longer subject to SCOTUS and federal court jurisdiction.
The reason they don't do this, of course, is that once Congress asserts their rightful authority, they also acknowledge their accountability and can no longer hide behind "the courts" for their failure to take action. The Legislative, Executive and Judicial branches of our government have been perpetrating a devastating shell-game scam on us for decades: they all claim and exercise the power and authority to order us how to live our lives, but then evade the accountability by passing it around to the other branches.
That Articles III constitutional provision is the basis for kabar's suggestion that "The legislation should specify that it is not subject to judicial review". Every American needs to be educated about this. The Constitution is not "broken", it's not "outdated", it's simply being perverted and subverted by evil people.
Excellent point.
And Congress just skates along ....
I believe that specific suggestion comes from a piece authored by Howard Sutherland on February 13, 2003, "Plyler vs. Doe: The Solution."