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Gov. Abbott says Texas may contest a Supreme Court ruling on migrant education : NPR

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Border Patrol officers in Roma, Texas, on Thursday course of a migrant household after the household crossed the Rio Grande into the US.

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Border Patrol officers in Roma, Texas, on Thursday course of a migrant household after the household crossed the Rio Grande into the US.

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Texas Gov. Greg Abbott says his state should not have to offer free public education to undocumented college students, regardless of a long-standing Supreme Court docket resolution that claims the alternative.

The excessive court docket’s Plyler v. Doe ruling of 1982 struck down a Texas regulation that did two issues: It denied state funds for any college students deemed to not have lawfully entered the U.S., and it allowed public college districts to disclaim admission to these youngsters.

Abbott first made his remarks concerning the landmark training resolution on Wednesday, within the aftermath of a leaked Supreme Court docket draft opinion that might overturn Roe v. Wade.

Abbott mentioned the court docket’s 1982 ruling had imposed an unfair burden on his state.

“I feel we’ll resurrect that case and problem this challenge once more, as a result of the bills are extraordinary and the instances are completely different” from when the choice got here down, Abbott mentioned in an interview with conservative radio host Joe Pagliarulo.

In its ruling, the Supreme Court docket mentioned the Texas laws violated the Structure’s Equal Safety Clause and would create a definite underclass.

An advocacy group slams Abbott for his remarks

In response to Abbot’s remarks, the Mexican American Authorized Protection and Instructional Fund (MALDEF) — which filed the unique case on behalf of 4 households whose youngsters have been denied a public training — sharply criticized the governor.

Abbott is looking for “to inflict by intention the harms that 9 justices agreed must be averted 40 years in the past,” mentioned Thomas Saenz, MALDEF’s president and normal counsel, in a information launch.

The 1982 resolution was a 5-4 ruling, however the justices who dissented within the case did indeed say that it was “mindless for an enlightened society to deprive any youngsters — together with unlawful aliens — of an elementary training.”

Their dissenting opinion, written by then-Chief Justice Warren Burger, mentioned the court docket’s majority was overreaching to compensate for the shortage of “efficient management” from Congress on immigration.

Saenz additionally mentioned that in contrast to Roe v. Wade, the Plyler v. Doe resolution has been integrated into federal regulation.

Migrants in La Joya, Texas, on Tuesday wait to be processed after crossing the Rio Grande into the US.

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Migrants in La Joya, Texas, on Tuesday wait to be processed after crossing the Rio Grande into the US.

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The governor predicts a coming inflow of migrants

After his preliminary remarks, Abbott reiterated on Thursday that his state is in an untenable place.

“The Supreme Court docket has dominated states haven’t any authority themselves to cease unlawful immigration into the states,” Abbott mentioned, according to The Texas Tribune. “Nevertheless, after the Plyler resolution they are saying, ‘However, states have to return out of pocket to pay for the federal authorities’s failure to safe the border.’ So one or each of these selections should go.”

Abbott mentioned Texas’ challenges will worsen when the Biden administration ends the Trump-era public well being order often known as Title 42, which has barred migrants from the U.S. with a purpose to forestall the unfold of the coronavirus. The shift will carry a brand new inflow of immigrants, he mentioned.

In that respect, the governor is echoing an argument his state made within the Plyler case 40 years in the past. In that Supreme Court docket listening to, then-Texas Assistant Legal professional Normal Richard Arnett said Texas was hoping to discourage immigrants from coming into the state illegally.

“The issue is just not the children which can be right here,” he mentioned. “The issue is the longer term.”

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