GOP looks at overturning case allowing undocumented children in US public schools

The Republican Party is increasingly interested in overturning a case that gave illegal alien children the “right” to attend public schools for free.

The 1982 Texas case, Plyler v. Doe, established “that all young people – regardless of documentation status – have a right to public education,” according to Giving Compass.

But an increasing number of Republicans say that the Supreme Court erred mightily and that this precedent needs to be overwritten.

“It’s time we meet the moment to overturn Plyler v. Doe,” one of these critics, Republican Rep. Chip Roy, said at a House Judiciary subcommittee hearing earlier this month, according to The Hill.

“It’s time for Congress and the courts to address the glaring failures of this court decision and finally alleviate Texans and Americans alike from this burden,” he added.

He doubled down in the interview below:

Texas should move to overturn the Plyler v. Doe decision that mandates taxpayers fund education for those here illegally.

We must end every incentive, magnet, and program that undermines our sovereignty and the rule of law. pic.twitter.com/qpVwrgK0jF

— Chip Roy (@chiproytx) March 7, 2026

“I do not believe that the taxpayers of Texas should be forced by a court from an opinion 43 years ago, 44 years ago, to have to take tax dollars and fund illegal alien children,” he said.

“The state of Texas should fight it, and we should make a new precedent by taking it to court and demonstrating that we, the people of Texas, can decide how we want to deal with those issues,” he added.

This plan is reportedly supported by Texas Gov. Greg Abbott.

“American citizens should be first in line for government services and not forced to bear the costs of supporting those whose entry into this country began with breaking its laws,” his spokesperson told the New York Times. “The governor works daily to end unjust policies like this.”

The only thing holding back Texas appears to be its legislators, according to Tony Ortiz of Current Revolt, who reported that top Trump White House official Stephen Miller recently slammed Texas legislators for not trying to challenge Plyler v. Doe.

In a closed door White House meeting with Texas Republican House Reps last week, Steven Miller started off by asking if Texas had a “RINO problem” which led to some awkward silence. At one point, @charliegeren left the meeting seemingly frustrated over the “RINO” talk.

— Tony Ortiz (Current Revolt) (@CurrentRevolt) March 22, 2026

When Miller asked whether TX House Reps passed a bill to challenge Plyler v, Doe, @AndyHopperTX mentioned he filed that bill. Miller asked why the House didn’t pass it, and Hopper said it didn’t even get a hearing in committee. @RepPattersonTX claimed the bill had an “author”…

— Tony Ortiz (Current Revolt) (@CurrentRevolt) March 22, 2026

Miller continued on drilling the members for not passing stronger bills against illegal aliens. Miller also asked questions related to illegals being allowed to rent property in Texas.

— Tony Ortiz (Current Revolt) (@CurrentRevolt) March 22, 2026

A desire to overturn the case is also shared by the Federation for American Immigration Reform.

“The Plyler v. Doe decision is a prime example of judicial overreach,” Federation Deputy Executive Director Matthew O’Brien said. “In that case, the Supreme Court usurped Congress’s plenary authority over immigration, improperly restricted state control over limited educational resources, and — without any authority to do so — imposed heavy fiscal and operational burdens on already struggling school systems.”

“Efforts to overturn Plyler are simply an attempt to restore appropriate balance to both the Supreme Court’s consideration of educational rights and its interpretation of Congress’ authority over immigration matters,” he added.

So far, the only state that is leading on the matter is Tennessee, which has “a bill moving through the state Legislature that would require proof of immigration status for a student to enroll in public school,” according to The Hill.

The good news is that the currently right-wing-leaning Supreme Court is poised to rule soon on birthright citizenship, a case that ties in closely with Plyler v. Doe.

“[T]he Plyler case is tied to the birthright citizenship case, which is coming for argument to the Supreme Court next Tuesday,” Muzaffar Chishti of the Migration Policy Institute said.

“If the Supreme Court believes and rules that people born to undocumented people in the country are not U.S. citizens, then you could see there’ll be a greater push [for overturning Plyler],” he added.

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Vivek Saxena

Senior Staff Writer -- [email protected]
Writers and editors can be contacted at [email protected] with feedback, tips, or corrections.

V. Saxena is a staff writer with a decade of experience as a professional writer, and a lifetime of experience as an avid news junkie. He holds a degree in computer technology from Purdue University. Saxena also contributes to BizPac Review.

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