Gov. Greg Abbott wants to challenge SCOTUS case requiring states to educate all children

Gov. Greg Abbott is considering challenging a U.S. Supreme Court decision that requires states to offer free public education to the children of all residents, including those of undocumented immigrants. Just a few days after a leaked draft majority opinion revealed that the Supreme Court is poised to overturn Roe v. Wade, Abbott confirmed on conservative radio talk show The Joe Pags Show that he has his eyes on Plyer v. Doe next.

The Republican governor brought up the possibility of challenging the education ruling after Pagliarulo questioned what more could be done to reduce the “burden on communities” of educating the children of undocumented migrants in the Lone Star State.

“We’re talking about public tax dollars, public property tax dollars going to fund these schools to teach children who are 5, 6, 7, 10 years old, who don’t even have remedial English skills,” Pagliarulo said.

Abbott responded by claiming that the challenges put on the state’s public systems because of migrants is “extraordinary,” adding that migrants are coming from 155 different countries and are costly. 

“Texas already long ago sued the federal government about having to incur the costs of the education program, in a case called Plyler versus Doe,” Abbott said. “And the Supreme Court ruled against us on the issue. … I think we will resurrect that case and challenge this issue again, because the expenses are extraordinary and the times are different than when Plyler versus Doe was issued many decades ago.”

The 1982 Supreme Court decision voided Texas education laws in 1975 that allowed the state to withhold state funds from local districts for educating children of undocumented immigrants. The high court held that all children, regardless of their immigration status, are entitled to access public education. 

During the discussion, Abbott also highlighted his efforts targeting undocumented migrants entering the state, including busing migrants from border communities to Washington, D.C. as well as striking agreements with multiple Mexican governors to increase border security on their side. Those deals came after Abbott ordered stepped-up inspections of commercial trucks entering Texas from Mexico, which slowed down trade.

“Texas is doing more than any state has ever done, using tools and strategies that no one’s even imagined before to try to secure our border,” Abbott said.