Texas lawmakers want to sue the federal government for educating undocumented students, a move supported by Gov. Greg Abbott that clearly violates state law.
Among the thousands of bills to be introduced in the 2025 Texas Legislature is House Bill 371, filed by state Rep. Ben Bumgarner, R-Flower Mound.
Under the proposed law, undocumented students would be able to attend K-12 public schools in Texas for free if the federal government agrees to “pay the cost of their education.” Federal reimbursement is also required to benefit from the Foundation Schools Program, which is the primary source of state funding for Texas school districts.
Texas public schools will now track and report the cost of educating undocumented students. After the determined amount is submitted to the federal government, the funds will be reimbursed to the school district, assuming the federal government agrees to the deal.
The bill also authorizes school districts to require proof of citizenship, nationality, or legal presence in the United States. Currently, the district only requires proof of residency in the area.
In a Nov. 12 Facebook post, Bumgarner called the bill an “indictment of the federal government for failing to secure our borders.” If passed, it would go into effect at the start of the 2026-2027 school year.
However, this bill violates federal law. Texas already lost this very battle more than 40 years ago.
The 1982 U.S. Supreme Court decision in Plyler v. Doe established the right to public education regardless of immigration status and struck down a Texas law that specifically prohibited the use of state funds for the education of undocumented children. I made it.
Under state law, the Tyler Independent School District will charge families $1,000 annually for each child who fails to provide proof of legal immigration status.
Based on the Supreme Court’s ruling, school districts across the country are required to admit students regardless of their immigration status. They cannot ask families about their immigration status or deny their children’s education on that basis.
“By denying these children a basic education, we are denying them the ability to live within the fabric of our nation’s civic system and denying them any realistic possibility of contributing in any way to our nation’s development. “excluding,” Judge William Joseph Brennan said. Junior wrote in a majority vote:
In May, Katy Independent School District Board Trustee Morgan Calhoun floated an idea similar to HB 371, but her colleagues quickly informed her of the Plyler v. Doe decision.
“We have a fiduciary duty to the taxpayers who are providing this funding,” Calhoun said.
Because public schools in Texas are funded in part by property taxes, Calhoun argued that undocumented immigrants also have to pay taxes. These are paid by immigrants regardless of their status. It is estimated that Texas undocumented residents paid at least $1.5 billion in property, sales, and excise taxes in 2016.
Gov. Greg Abbott has vocally opposed legal precedents that allow undocumented immigrants access to free education and other state resources. In August, he signed an executive order requiring hospitals to track and report the costs of treating undocumented immigrants. He said he believes the federal government should repay the funds.
The Texas legislative session begins on January 14, 2025.
