The case is Plyler v. Doe, and it holds for K-12.
Just clarifying, because some colleges and universities are also public.
you are correct.
Perry could argue that Plyler v Doe be overturned, which combined with the feds complete failure to deport the illegals is causing the problem to begin with. If we weren't forced to allow the illegals into our k-12 schools, they wouldn't be showing up at college looking for instate tuition!
there are so many ways Perry could be arguing his position on this!
That does not force UT to charge in-state tuition for illegals. Separate issue.
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.
The Court strongly hinted in both the concurring and dissent that it would view Federal action on this policy in a different light.
And here is Perry’s opportunity to change the subject without backtracking:
He has said his hands are tied at the Federal level. He needs to propose a Federal fix grand enough to change the subject and appeal to Conservatives.
He needs to propose and own the issue of Federal legislation to close the gap created by Plyler. Even I would reconsider Perry if I thought there was a decent shot at a Plyler fix passing a Republican Congress and landing on sympathetic WH desk...
Appeal to conservatives AND start explaining the Fed problem with a proposed fix, and he can turn this issue into an advantage.
Of course, I don’t believe Perry is interested in fixing the problem but he’s going to have to choose, quickly, between going against his grain on this issue, or being President. He won’t have both.