The American Immigration Council is a non-profit, non-partisan organization. The right to public education for all children, regardless of immigration status, has broad support from a majority of Americans across political beliefs, race, religion, or age. And it has been a constitutional right throughout the U.S. for more than 40 years.
Nevertheless, the American Immigration Council found that, since January 2025, 11 states have introduced legislation challenging undocumented children’s access to K-12 education — and, by extension, the seminal 1982 Supreme Court decision Plyler v. Doe that enshrined that right. The more than 15 bills range from requiring schools to collect and report immigration status information to requiring families to pay tuition fees or outright denying enrollment to students who cannot provide proof of legal status.
Efforts to restrict access to K-12 education for undocumented children, however, have so far failed, regardless of the political party in control of the state’s government.
In 2025, Oklahoma’s Republican Governor, Kevin Sitt, publicly opposed an effort supported by the state superintendent and the Oklahoma State Board of Education to authorize schools to record and report student immigration status information.
The governor stated, “Collecting 6-, 7-, 8-year-old kids’ addresses and immigration status in the state of Oklahoma, that’s not a public safety issue.” He added, “Let’s go after the bad guys. Let’s go after people that are committing crimes, and let’s not terrorize and make our kids not show up at school.” The state legislature ultimately defeated the effort, along with HB-1671, which included similar provisions.
Legislative challenges introduced in other states with clear partisan majorities have also failed, despite continued pressure from local and national groups, state policymakers who have been transparent about their desire to use state legislation to invite court challenges to overturn Plyler, and Republican members of Congress.
Plyler v. Doe protects undocumented children’s right to public education
For decades, public K-12 education for undocumented children has been protected under Plyler v. Doe. The 5-4 Supreme Court decision overturned a Texas statute authorizing school districts to deny enrollment or charge tuition fees to students who were not “legally admitted” into the United States. Under the Equal Protection Clause of the Fourteenth Amendment, Plyler established a precedent ensuring undocumented children across the country have equal access to free K-12 education.
Since the decision, two state bills were successfully enacted in an effort to evade compliance with Plyler. However, both were found to conflict with Plyler and were ultimately abandoned. In 1994, California voters supported the passage of Proposition 187, which was an attempt to restrict the ability of undocumented people to access public services like education. A federal court issued an injunction in a case challenging the measure under Plyler, and the measure was ultimately found unconstitutional by 1999.
More recently, in 2011, Alabama enacted H.B. 56, which required school administrators to collect data for all newly enrolling students suspected of not being lawfully present, and to submit that data annually to the State Board of Education. Ultimately, a federal appellate court held that it was unconstitutional as it “substantially burden[ed] the rights secured by Plyler.” Alabama permanently abandoned H.B. 56’s requirements in an October 2013 settlement.
The economic benefits of educating undocumented children
A recent report shows that educating undocumented students has positive social and economic benefits across the country. The report’s findings undermine the argument of those seeking to overturn Plyler, who allege that educating undocumented students imposes an economic burden on states.
Undocumented students with access to a public K-12 education grow up and help meet U.S. workforce needs. In 2023, an estimated 42,000 workers who benefited from Plyler worked in hospitals, and 45,000 worked in K-12 schools. Through taxes paid, Plyler beneficiaries also more than repay the cost of educating them by $633 billion. They also pay into public programs and services that support U.S. citizens, even though undocumented people cannot access most publicly funded programs.
Adult family members of undocumented students also contribute significantly to the U.S. economy and workforce in rural and urban communities alike. This is especially significant in communities experiencing aging and declining populations. In 2024 alone, undocumented immigrants contributed $89.8 billion in state, local, and federal taxes — money that supports school districts that rely on property taxes and per-pupil funding mechanisms.
States must weigh short-term and long-term costs
Plyler v. Doe reflects a principle that Americans have long agreed on: every child deserves access to an education. Policies that restrict access to public K-12 education for all children threaten the stability of entire communities. Short- and long-term harms include a loss of an important tax base, increased disparities in education and earnings, and preventing community members from reaching their full potential.
As states weigh efforts to challenge or undermine Plyler, they must consider the lasting economic and social consequences for communities that depend on an educated and productive future workforce.
