Plyler v. Doe – Memphis Flyer

There are about 1,200,000 children enrolled in Tennessee public schools in grades K-12. The Migration Policy Institute estimates that of that number, 10,000 are undocumented immigrant children, less than 1 percent.

In order to deal with this horrific problem, Tennessee House Majority Leader Representative William Lamberth and state Senator Bo Watson have introduced a bill that would allow local public school boards to ban students without legal citizenship. The bill would challenge the 1982 U.S. Supreme Court Plyler v. Doe decision, which entitles all children to public education regardless of immigration status.

Watson and Lamberth say the bill “seeks to challenge” the court decision. “The flood of illegal immigrants in our country has put an enormous drain on American tax dollars and resources. Our schools are the first to feel the impact,” Lamberth said.

Watson added, “An influx of illegal immigration can strain LEAs [local educational agencies] and put significant pressure on their budgets. This bill empowers local governments to manage their resources more effectively and builds upon the legislative action taken during the special session to address illegal immigration at the local level.”

So, in order to save all those precious tax dollars being spent on less than 1 percent of Tennessee’s schoolchildren, these bozos intend to spend millions of dollars challenging a Supreme Court ruling that has been law for more than 40 years. This isn’t about saving money. It’s just more performative GOP cruelty wrapped up in a legislative package.

Look, every politician knows how to stop illegal immigration: arrest the employers who hire undocumented labor. Problem solved. But their money is green and their skin is white and their profits depend on cheap labor, so we’ll just continue to get this crap legislation targeting the weakest link in the chain.

Speaking of which: Another recent GOP bill would require the parents of children without citizenship to pay tuition for public school. It’s called the Tennessee Reduction of Unlawful Migrant Placement Act. And yes, those initials spell “TRUMP” because there’s nothing more amusing than effing up the lives of innocent children.

These same Trumpaholics also passed a bill that would fine and/or jail any local government officials who don’t cooperate fully with federal and state deportation efforts. That bill is also headed to the courts.

Which brings us to Memphis-Shelby County Schools, which, to its credit, has established a legal hotline and guidelines for school principals in response to a new federal directive allowing immigration-enforcement officials to make arrests at schools. Principals are instructed to ask for identification and the purpose of the visit, and demand to see a warrant or other documents. If there are documents, they are to scan them and send them to the central office.

From the directive: “Federal government agencies like ICE are required to follow proper legal procedures when engaging immigration enforcement activities. … It is reasonable and appropriate to request that the official wait until you have received a response from the Office of General Counsel.”

“Reasonable and appropriate” are not terms I would use to describe behavior we have seen locally by federal agents, most notably the bizarre raid conducted by masked and hooded men on a TACOnganas food truck last week. But the raid, in which three men were escorted from their jobs and reportedly sent to an immigration facility in Louisiana, had the desired effect of sending many local immigrants into hiding.

A landscaping service in my neighborhood was working with half as many laborers as usual last week, and taking “twice as long” to do the job, according to the crew leader I spoke with. And at my favorite Mexican restaurant last Friday, the usual servers were nowhere to be seen. The manager was waiting tables, the kitchen was behind on orders, the understaffing was obvious.

Across Memphis and across the country, untold numbers of people are staying home, avoiding work, avoiding school. There will be a cost for all of this — financially, yes, as food prices rise and restaurants and other businesses struggle to stay afloat. But there is another price we’ll all pay: a diminished sense of community and the pointless pain being caused by these laws that are passed solely to inflict suffering on the least of us. We’re all going to pay the price for that, one way or another.

A nation that places immigrant children in cages can certainly (attempt to) prevent those same children from attending public schools. Since 1982, in its decision Plyler v. Doe, the U.S. Supreme Court has prohibited the state from discriminating against and denying children a public education based on their immigration status. That may be challenged soon.

The recently leaked memorandum from the Supreme Court removes any pretense of an impartial, apolitical judiciary. The Supreme Court, we now know, is part of the torn fabric of American political society. And it’s never a good look to see our justices openly mislead the public in sworn testimony before a Senate Judiciary Committee. Justice Kavanaugh called Roe v. Wade (1973) “settled law,” and Justice Gorsuch acknowledged that Roe was the “law of the land.” Now, as appointed justices for life, they’ve determined that 50 years of precedent has no actual value.

The majority bemoans the schism it claims was created by Roe nearly 50 years ago but ignores the damage that the Supreme Court is about to do to our country by rejecting “settled law” and releasing a cornucopia of challenges to every decision that the right finds disagreeable from the past.

For example, Texas Governor Greg Abbott — who joins the other two amigos, Florida’s Ron DeSantis and our own Bill Lee, in a race to see who can undo more rights for ordinary people — is looking closely at Plyler. This is Abbott’s next step on his quixotic anti-immigrant agenda. Last month, he bussed immigrants from Mexico and Central America out of his sparsely populated state to densely populated Washington, D.C., in a pathetic (and cruel) political act that showed his determination to score points with the anti-immigrant base.

Such attempts at cruelty are popular with Abbott’s base, and he’s playing a political card, during a difficult re-election campaign against a viable opponent, a former representative from El Paso, Beto O’Rourke. Abbott needs to convince the “base” that he’s fighting to seal off Texas from migrant waves, caravans, illegals, masses, invaders — you pick the hyperbole that suits you — to prevail in November. He clearly believes that using this retro-activist Supreme Court to revisit free public education to undocumented school children is a way to do it.

Border states like Texas share a disproportionate responsibility in educating children of the undocumented residing in that state as many migrants pass through on their way to “El Norte.” But Texas school districts receive federal education funds on a per pupil basis (not a “per American pupil” basis), and they receive extra funding based on the needs of that particular demographic. Moreover, Texas receives more than $1.6 billion in state and local tax dollars from undocumented immigrants.

The motivation for this anti-immigrant wave is the same as it’s always been. It’s the sense that the nation is changing as we become more diverse. Every time in our history, when we face such change, we strike out at immigrants. Every time.

Texas should forget the Alamo, and “Remember the 187.”

In 1994, the good people of then-Red State California passed a noxious ballot initiative, “Proposition 187” the so-called “Save our State” initiative. The law attempted to remove undocumented children from California public schools. By 1999, the law was declared unconstitutional, and the good teachers of California refused to enforce it. Denying education to children is always bad policy. Offering free public education to all kids is one of the settled provisions of U.S. society, and our society has grown strong because we purposefully (not always perfectly) educate the youngest generations.

We’ve entered strange times — where settled law sits on seismic faults. Demagogues, now aided by the Supreme Court, declare war on American historical traditions — immigration and education — concepts that ought to unify and energize a nation. Maybe the one thing the majority draft opinion in Roe gets right is that the power to change the direction in which we are heading rests in the hands of voters beginning this fall.

Bryce Ashby is a Memphis-based attorney and the board chair of Latino Memphis. Michael LaRosa teaches history at Rhodes College.