2026-02

Emergency Resolution:

Reinforcing Plyler v. Doe and Safeguarding Equal Access to Public Education and Community Stability

Sponsored by

Sen. Cindy Nava (NM), Sen. Cristina Castro (IL),
Rep. Eva-Dina Delgado (IL), Rep. Ricky Ruiz (OR),
Sen. Teresa Ruiz (NJ) and Sen. Margo Juarez (NE)

Reported to the Caucus by the
NHCSL Education Task Force

Sen. Teresa Ruiz (NJ), Chair

Unanimously approved by the NHCSL Executive Committee on behalf of the entire Caucus on April 10, 2026

WHEREAS, in Plyler v. Doe, 457 U.S. 202 (1982), the United States Supreme Court held that states may not deny children access to free public K–12 education on the basis of immigration status because such exclusion violates the Equal Protection Clause of the Fourteenth Amendment; the Court struck down a Texas statute that withheld state education funds and authorized school districts to deny enrollment, affirming that undocumented children are “persons” under the Constitution and that education plays a pivotal role in sustaining the fabric of our society; and,

WHEREAS, the Court further determined that denying children access to education does not advance any substantial state interest and instead imposes a distinctive and enduring disability upon a discrete class of children, threatening long-term economic productivity, civic participation, and social cohesion; and,

WHEREAS, last year, in Resolution 2025-05, A Safe and Welcoming Learning Environment Free from the Threat of Immigration Raids and Violent Detention, this Caucus urged all states to pass legislation to require educational institutions to adopt Safe Zone and Welcoming policies that protect students' rights, ensure school personnel receive appropriate training, and prohibit any sharing of student information related to immigration status unless required by law and approved by legal counsel; and,

WHEREAS, in March 2026, White House Deputy Chief of Staff Stephen Miller “raised the idea of ending public education funding for undocumented children in a closed-door meeting with Texas lawmakers,”[1] echoing previous calls from others prompting state legislation and litigation to test Plyler v. Doe; and,

WHEREAS, Plyler v. Doe functions not only as a constitutional safeguard but as a critical public policy foundation, without which states would incur increased long-term costs associated with unemployment, reduced tax revenue, diminished workforce participation, greater reliance on public assistance, and poorer health outcomes; and,

WHEREAS, credible demographic, economic, and public-health analyses estimate that between approximately 850,000 and 1.1 million undocumented children currently attend U.S. K–12 schools and that roughly five to six percent of school-age children live in mixed-status households, and further indicate that equal access to education consistent with Plyler v. Doe has generated substantial national and state-level benefits since 1982—including approximately $171 billion in GDP gains between 1982 and 2022, an estimated $2.7 trillion in projected lifetime economic contributions, more than $633 billion in net state and local fiscal gains after education costs, and nearly $28.9 billion in associated public health savings—demonstrating the measurable economic, fiscal, and community stability value of maintaining equal access to public education; and,

WHEREAS, economic and policy modeling further indicates that if Plyler v. Doe were overturned or materially narrowed, states could confront fragmented enrollment policies, heightened constitutional litigation, and significant long-term economic consequences, including projected lifetime earnings losses exceeding one trillion dollars among affected populations, reductions in high school-educated workforce participation, and increased public expenditures associated with lower educational attainment; and,

WHEREAS, in recent legislative sessions, proposals introduced in states including Oklahoma, Idaho, Indiana, New Jersey, and Tennessee have sought to require proof of citizenship or immigration status for school enrollment, mandate reporting of immigration status data, or authorize tuition charges for undocumented students—measures that, if enacted, would conflict with or directly challenge the constitutional protections established in Plyler v. Doe; and,

WHEREAS, such proposals and enforcement-entangling policies produce well-documented chilling effects that deter enrollment, depress attendance, disrupt instructional continuity, erode trust between families and public institutions, compromise student well-being, destabilize school communities, and weaken local economic and civic stability; and,

WHEREAS, policies that compel or incentivize school personnel to facilitate immigration enforcement—particularly under threat of disciplinary action—intensify these chilling effects, place educators at professional and legal risk, and undermine the constitutional and public-policy foundations of universal access to education; and,

WHEREAS, schools operate as anchors of community stability, and policies that chill school participation also deter families from accessing healthcare, early childhood programs, social services, libraries, and other public institutions essential to student well-being and public safety; and,

WHEREAS, research from pediatric, public health, and child development experts indicates that immigration detention of minors disrupts educational continuity, contributes to significant psychological and developmental harm, and undermines children’s ability to participate consistently in school, reinforcing the importance of policies that prioritize community-based environments where children can safely access education and essential services; and,

WHEREAS, as binding Supreme Court precedent, Plyler v. Doe governs state action unless overturned by the Court, requiring states to maintain clear and consistent standards to ensure uniform compliance across public educational institutions; and,

WHEREAS, states including Illinois,[2] Washington,[3] Oregon,[4] and Connecticut[5] (HB 7066) have enacted or advanced legislation reaffirming equal access to public education consistent with Plyler v. Doe, strengthening enrollment protections, clarifying nondiscrimination obligations, and reinforcing compliance with constitutional standards; and,

WHEREAS, protecting educational access strengthens not only schools but the broader economic, civic, and public-health stability of communities and states.

NOW, THEREFORE, BE IT RESOLVED, that the National Hispanic Caucus of State Legislators:

1. Recognizes the importance of the binding constitutional precedent established in Plyler v. Doe, guaranteeing a free public K–12 education for all children residing in the United States, regardless of immigration status.
2. Declares that ensuring compliance with Plyler v. Doe is essential to protecting children, supporting state economic growth, and maintaining long-term community stability, public health and civic participation.
3. Urges state legislatures to proactively safeguard Plyler v. Doe by:
   • Conducting legislative oversight hearings on the impact of immigration enforcement on student access and well-being;
   • Directing state attorneys general to defend Plyler v. Doe and challenge unconstitutional state or federal actions that undermine equal access to education.
4. Reiterates its call, in Resolution 2025-05, for state legislation to require clear directives for educational institutions to adopt Safe Zone and Welcoming policies and protocol requirements for immigration data collection and enforcement actions, with the requirements expressed therein, and further:
   • Explicitly prohibiting school personnel from inquiring into or documenting a student’s or family member’s immigration status unless required by federal or state law;
   • Establishing uniform statewide enrollment standards limiting documentation to proof of age and residency;
   • Prohibiting policies or practices that have the effect of chilling or deterring student enrollment or attendance based on perceived or actual immigration status;
   • Establishing civil or administrative penalties for state or local entities that violate these protections;
5. Calls upon state legislatures to provide sufficient funding and resources to support effective statewide implementation, including:
   • professional development and legal training for educators and public employees;
   • multilingual family outreach and public education initiatives;
   • technical assistance for school districts responding to immigration enforcement inquiries.

6. Recommends that states establish oversight and accountability mechanisms to ensure compliance, including:
   • annual certification by school districts of compliance with Plyler v. Doe and related protections;
   • periodic review of district enrollment and enforcement-response policies;
   • accessible complaint, investigation, and corrective-action procedures;
   • protections against retaliation for educators and public employees acting in good faith to comply with constitutional and state law.

IN ITS MEETING OF APRIL 2, 2026, THE NHCSL EDUCATION TASK FORCE UNANIMOUSLY AMENDED THIS RESOLUTION AND RECOMMENDED IT, AS AMMENDED, TO THE EXECUTIVE COMMITTEE FOR APPROVAL AS AN EMERGENCY RESOLUTION.

AT THE REQUEST OF THE NHCSL EDUCATION TASK FORCE, AND IN ACCORDANCE WITH THE IMMEDIATE NEEDS PROCEES OUTLINED IN THE BYLAWS, THE EXECUTIVE COMMITTEE UNANIMOUSLY APPROVED THIS RESOLUTION, ON BEHALF OF THE CAUCUS, ON APRIL 10, 2026, AT ITS MEETING IN NEW YORK, NY.

[1]Stephen Miller Asks Why Texas Pays to Teach Undocumented Children (The New York Times, March 24, 2026)

[2] Illinois HB 3247 (2025)

[3] Washington SB 5497 (2019-20)

[4] Oregon HB 3464 (2017)

[5] Connecticut HB 7066 (2025)