[20030205]97-542_无证件外籍儿童接受基础教育的权利：普利勒诉美国能源部概述.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code 97-542 AUpdated February 5, 2003The Right of Undocumented Alien Children toBasic Education: An Overview of Plyler v. Doe-name redacted-Legislative AttorneyAmerican Law DivisionSummaryIn Plyler v. Doe (457 U.S. 202 (1982), the Supreme Court held that it wasunconstitutional for Texas to deny illegal alien children who were residing in the stateequal access to its elementary and secondary schools. Though the vote was close (5-4),Plyler remains good law and continues to be cited for the proposition that illegal aliensare not beyond protection under the Constitution. However, while Plyler set limits on state power, it clearly suggested thatconstitutional restrictions on the ability of states to discriminate against illegal aliensmay be influenced by Congress. The case further implied that states have broader powerto discriminate when children and basic education rights are not at stake. For example,cases since Plyler have upheld state laws that discriminate against illegal aliens inproviding higher education.The majority opinion. Much of the five-justice majority opinion i