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Undocumented Students and Education: Rights, Risks, and What’s Changing
People are protesting for immigrants' rights.
Photo by Jason Leung on Unsplash

Undocumented Students and Education: Rights, Risks, and What’s Changing

The state of educational rights for undocumented people has been a longstanding policy dilemma that continues to have an uncertain trajectory. Its legal beginnings emerged in 1982, when the Supreme Court case Plyler v. Doe ruled against the state of Texas Education Code Section 21.031, which would have allowed school districts to deny undocumented students enrollment in K-12 public schools. In its decision, the Court noted that the Equal Protection Clause of the 14th Amendment applies to both citizens and noncitizens, regardless of lawful status.

As for postsecondary education, section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 prohibits undocumented people from receiving in-state tuition. In addition, federal loan applications that require Social Security Numbers for eligibility—outlined on the Free Application for Federal Student Aid (FAFSA) website—render federal aid inaccessible to undocumented students, who might consequently avoid higher education or, in some cases, risk deportation after applying for aid.

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