”The Supreme Court has ruled that schools have an obligation to educate all students regardless of their immigration status, …”
FR: Never Accept the Premise of Your Opponent’s Argument
Not only is the italicized statement above concerning the Supreme Court’s ruling about schools being obligated to educate all students vague, no specific case mentioned, but please consider the following. The Founding States made the 10th Amendment to clarify that the Constitution’s silence about things like public schooling and immigration means that such issues are automatically state power issues.
So not only does the Supreme Court’s ruling about public school obligations have no obvious constitutional support, but the constitution’s silence about public schooling also means that there is no constitutional right to schooling even if you are a citizen.
And speaking of the constitutional rights of citizens, please consider the following excerpts which reasonably indicate that constitutional protections are guaranteed only for citizens.
Constitution's Article IV, Section 2, Clause 1: The Citizens of each State [emphasis added] shall be entitled to all Privileges and Immunities of Citizens in the several States.
14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphases added].” —Minor v. Happersett, 1874.
So even if the states had amended the Constitution to make schooling a right, such a right wouldn’t necessarily apply to illegal aliens.
Again, wherever the statement about the Supreme Court ruling on school obligations to illegal aliens came from, it has no constitutional basis imo.
The bottom lines is that the feds need to respect the 10th Amendment-protected voice of majority voters on this issue.
Thanks
The case is Plyler v. Doe
Won't happen until Governors stand and fight, but I think George Wallace ruined that option for all future Governors.