As 2025 begins, so too do expressions of concern and implementation of new policies as the new U.S. president prepares to take office. Many such concerns and policies arise from calls to begin deporting undocumented immigrants living in the United States, including the undocumented parents or guardians of children who were born in this country and are therefore U.S. citizens by law under the 14th Amendment of the U.S. Constitution: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
In its 1982 decision Plyler v. Doe, 457 U.S. 202 (1982), the U.S. Supreme Court by a 5-4 majority held that states cannot constitutionally deny students a free public education based on their immigration status. In its landmark decision, the Court ruled:
“Both the importance of education in maintaining our basic institutions and the lasting impact of its deprivation on the life of the child mark the distinction. The “American people have always regarded education and [the] acquisition of knowledge as matters of supreme importance.” Meyer v. Nebraska, 262 U. S. 390, 262 U. S. 400 (1923). We have recognized “the public schools as a most vital civic institution for the preservation of a democratic system of government,” Abington School District v. Schempp, 374 U. S. 203, 374 U. S. 230 (1963) (BRENNAN, J., concurring), and as the primary vehicle for transmitting “the values on which our society rests.” Ambach v. Norwick, 441 U. S. 68, 441 U. S. 76 (1979).
In addition, education provides the basic tools by which individuals might lead economically productive lives to the benefit of us all. In sum, education has a fundamental role in maintaining the fabric of our society. We cannot ignore the significant social costs borne by our Nation when select groups are denied the means to absorb the values and skills upon which our social order rests…
The dominant incentive for illegal entry into the State of Texas is the availability of employment; few if any illegal immigrants come to this country, or presumably to the State of Texas, in order to avail themselves of a free education. Thus, even making the doubtful assumption that the net impact of illegal aliens on the economy of the State is negative, we think it clear that “[c]harging tuition to undocumented children constitutes a ludicrously ineffectual attempt to stem the tide of illegal immigration,” at least when compared with the alternative of prohibiting the employment of illegal aliens. 458 F. Supp. at 585. See 628 F.2d at 461; 501 F. Supp. at 579, and n. 88.
In addition to the pivotal role of education in sustaining our political and cultural heritage, denial of education to some isolated group of children poses an affront to one of the goals of the Equal Protection Clause: the abolition of governmental barriers presenting unreasonable obstacles to advancement on the basis of individual merit. Paradoxically, by depriving the children of any disfavored group of an education, we foreclose the means by which that group might raise the level of esteem in which it is held by the majority. But more directly, “education prepares individuals to be self-reliant and self-sufficient participants in society.” Wisconsin v. Yoder, supra, at 406 U. S. 221.”
However, new challenges to Plyler have recently arisen. For example, the Heritage Foundation, a conservative nonprofit, suggested in 2024 that the Supreme Court reconsider the Plyler decision. Heritage is the publisher of Project 2025, a conservative policy blueprint issued during the presidential campaign in anticipation of a new Republican administration.
The incoming president has blamed undocumented immigrants for overwhelming public-school districts. However, research shows instead that newcomer students benefit their new school systems. See: https://www.k12dive.com/news/English-learners-students-positive-academic-impacts/730381/ (Newly arrived English learners a positive for existing Els: A study on Delaware schools found no adverse academic impacts for non-English learners with the arrival of new Els
While it is difficult to have an accurate count of the number of K-12 children without permanent U.S. legal status, about 6 million children under age 18 lived with at least one undocumented family member, according to 2021 data from the American Immigration Council: https://www.americanimmigrationcouncil.org/research/us-citizen-children-impacted-immigration-enforcement.
In May 2024, the U.S. Customs and Border Protection reported 9,943 unaccompanied children unlawfully in the country, a 13% decrease from the month prior.
Demographic data reveals that at least a plurality of immigrant adults living in the U.S. are limited English proficient (LEP), speaking, writing, and understanding English “less than very well,” according to the U.S. Census Bureau’s definition of LEP.
According to the Kaiser Family Foundation:
“About half (47%) of immigrant adults in the U.S. have limited English proficiency (LEP), meaning that they speak English less than very well. Immigrants with LEP come from diverse backgrounds and speak a variety of languages. The top five languages spoken by people with LEP include Spanish (63%), Chinese (7%), Vietnamese (3%), Arabic (2%), and Tagalog (2%), while the remaining roughly quarter (23%) of people with LEP speak other languages. Having LEP can impact individuals’ daily lives and access to health coverage and care. Below are five key facts about immigrants with LEP drawing on the 2023 KFF/LA Times Survey of Immigrants.
About half (53%) of immigrants with LEP say they have faced language barriers in a variety of interactions, including accessing health care.
About three in ten immigrants with LEP report that difficulty speaking or understanding English has ever made it hard for them to get health care services (31%), receive services in a store or restaurants (30%), or get or keep a job (29%) (Figure 1). A quarter say it has made it hard to apply for government financial assistance for food, housing, or health coverage, and about one in five (22%) cite difficulty reporting a crime or getting help from the police. These difficulties are more pronounced among lower income immigrants with LEP. Among immigrants who are parents with LEP (52% of all immigrant parents), about one in four (24%) report difficulties communicating with their child’s school.”
In response to announced deportation plans and priorities of the new president, public schools are responding quickly with new policies of their own to protect immigrants, LEP families, and public-school students. According to K-12 Dive,
“School districts are updating their policies and protocols in response to threats of mass deportation of undocumented immigrants made by the incoming Trump administration. District leaders are also stepping up efforts to reduce fear and bullying and to enhance a sense of belonging in school communities, immigration experts say.
‘We’re hearing from many folks across the country, not just in red states, but also in big urban districts, blue states and big blue cities that are worried about this enforcement and trying to come up with a solution,’ said Alejandra Vázquez Baur, co-founder and director of the National Newcomer Network, a project of The Century Foundation that shares best practices for supporting recently immigrated students.”
K-12 Dive further reports that about 86% of children of undocumented parents or guardians are U.S. citizens. Another 13% are unauthorized, and 1% are legally present, including those who were lawful permanent residents and those with temporary visas.
Additionally, the population of children with immigrant parents has been growing. About 18 million U.S. children under age 18 lived with at least one immigrant parent in 2021, equaling 26% of the 69.7 million children in the U.S. That’s up from 19% in 2000 and 13% in 1990.
Many public-school districts are also highlighting cultural and language programs to accommodate LEP families and English Language learning student. For example, a 2023 report by Policy Analysis for California Education provides the status of newcomer students in the state, including the funding, staffing and instructional challenges.
Sam Finn, author of the report, said that given the unique needs of this student population, there are opportunities for distinct English language, social and academic supports. According to K-12 Dive:
“Newcomer students most often are considered part of the EL student population. The report says the average EL student can speak and understand English and is working to improve their academic language skills. The average newcomer, on the other hand, has highly limited English language skills that may prevent access to instruction and who has additional social-emotional and material needs.
The [2023] report offers several suggestions targeted for this population, including newcomer-specific instruction, dedicated funding, improved newcomer student data collection and additional planning time for teachers. There should also be a comprehensive enrollment process that includes language assessments and screenings for housing, food, legal aid and mental health needs, the report added.”
The deportation of unauthorized immigrants encompasses many serious issues. As we await Inauguration Day and the dawn of a new presidential administration, we also await with trepidation how announcements and rumors of new policies will translate into realities that will significantly impact millions of lives, including the lives of minor children, most of whom are U.S. citizens.
© Bruce L. Adelson 2025 All Rights Reserved The material herein is educational and informational only. No legal advice is intended or conveyed.
Bruce L. Adelson, Esq., is nationally recognized for his compliance expertise. Mr. Adelson is a former U.S Department of Justice Civil Rights Division Senior Trial Attorney. Mr. Adelson is a faculty member at the Georgetown University School of Medicine and University of Pittsburgh School of Law where he teaches organizational culture, implicit bias, cultural and civil rights awareness.
Mr. Adelson’s blogs are a Bromberg exclusive.