[Cboldt]

-- The case is Plyler v. Doe, but it doesn't mandate illegals in public schools, it only disallowed Texas from unilaterally denying them absent Federal policy. --

SCOTUS found the right rooted in the 14th amendment of the constitution, as a function of Equal Protection; then went on to say that Congress could take away the right, if it wanted to.

-- [Perry] needs to propose a Federal fix grand enough to change the subject and appeal to Conservatives. --

I think there is a rub there, as Perry favors some sort of normalization of those here (essentially, making their presence legal), and a generally more relaxed immigration policy going forward.

I think the Plyler decision is incoherent on the "Federal policy" hypothetical, except when the federal policy is deport; in which case the federal policy would be that the person isn't here to receive the public education in the first place.

I also think the Congressional policy (as expressed in law) and executive administration of policy (loathe to deport; generally welcoming of illegal presence) are in tension.

[org.whodat]

I would contend that the education requirement, which is removable by congress, only applied to children of legal migrant workers that returned to their home country at the end of the work season. It never was for illegals. Since the supreme court said the 14th did not apply to illegals.