Immigrant kids can attend school regardless of citizenship – some states are challenging this standard

The Heritage Foundation released a policy document in February 2026 that spells out how states can try to challenge a 1982 Supreme Court ruling that enshrined immigrant students’ right to attend school.

By: William McCorkle, College of Charleston, The Conversation

Outlets: The Conversation

Published: March 23, 2026

Words: 1,259

Last Updated: 4 months, 1 week ago

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By William McCorkle, College of Charleston

All immigrants, regardless of their citizenship status, have the right to attend a public K-12 school in the United States. Schools cannot collect students’ immigration status when they enroll. This has been the case since 1982, when the Supreme Court ruled against Texas in the case of Plyler v. Doe.

Republican legislators in several states, including Tennessee, Oklahoma and Ohio, are trying to pass legislation …

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