Should Children Without Legal Status Have Access To University Research In Public Education?

This article provides a brief history of undocumented students and their access to higher education, from the landmark case of Plyler v. Doe to the examination of Deferred. The research found that undocumented students face significant financial barriers, unique psychological and social burdens, and rigid documentation requirements when attempting to access education.

Undocumented children face intractable challenges when pursuing higher education, such as meeting rigid documentation requirements and facing in-state resident tuition (ISRT) laws. Between 2001 and 2021, nineteen states passed legislation granting ISRT. However, federal law guarantees free public K-12 education for undocumented children, but they face intractable challenges when pursuing higher education.

Critics argue that undocumented students should not be denied free public primary and secondary education due to their parents’ choices to immigrate without documentation. Research suggests otherwise, and it is clear that undocumented students are positively selected from high schools.

Doe ruled that undocumented students have the right to free public primary and postsecondary education, and school districts cannot discriminate against them. The status of access to higher education for undocumented students in the United States is inconsistent from state to state, region to region, and the nation at large.

States and institutions should support inclusive policies that increase undocumented student access to higher education, including in-state tuition. There should be no debate about the right of all children, including undocumented immigrant children, to receive an education in our schools.