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They are an unique burden because they arrive illegally and uncontrolled.
That interpretation of the 14th amendment is not set in stone and agreed to by everyone. It was a 5-4 decision so there's plenty of disagreement and it's not unanimously agreed. It could and should be reversed.
Actually, every single judge agreed with one interpretation of the Equal Protection Clause of the Fourteenth Amendment, which is to say that it applies to everyone within the territorial jurisdiction of the United States. So, yes, it was agreed upon by everyone. As I noted earlier, even the dissent stated " "I have no quarrel with the conclusion that the Equal Protection Clause of the Fourteenth Amendment applies to aliens who, after their illegal entry into this country, are indeed physically 'within the jurisdiction' of a state."
Arriving illegally, alone, is not a justification to deprive someone of a Constitutional right no matter how much you might wish the converse was true. The application of the Fourteenth Amendment is based on "jurisdiction" and not immigration or citizenship status.
Actually, every single judge agreed with one interpretation of the Equal Protection Clause of the Fourteenth Amendment, which is to say that it applies to everyone within the territorial jurisdiction of the United States. So, yes, it was agreed upon by everyone. As I noted earlier, even the dissent stated " "I have no quarrel with the conclusion that the Equal Protection Clause of the Fourteenth Amendment applies to aliens who, after their illegal entry into this country, are indeed physically 'within the jurisdiction' of a state."
Arriving illegally, alone, is not a justification to deprive someone of a Constitutional right no matter how much you might wish the converse was true. The application of the Fourteenth Amendment is based on "jurisdiction" and not immigration or citizenship status.
Chief Justice Warren Burger supported the state's position in his dissenting opinion:
"The Equal Protection Clause does not mandate identical treatment of different categories of persons...
A free public education is not in the Constitution and a constitutional right. You are essentially arguing that illegals should have all the same rights as citizens.
A free public education is not in the Constitution and a constitutional right. You are essentially arguing that illegals should have all the same rights as citizens.
So you are arguing with me about Plyler, yet didn't even read the case? Unbelievable.
35 years ago a supreme court decision gave undocumented children the right to free public education in the United States. What was the result of that?
It gave people an incentive to smuggle children into the United States illegally because they know that they will be able to go to any public school. Then what happens when they grow up and finish school? They have needs but find out that they are not documented and don't have the rights of citizens - they become so called "Dreamers".
The Plyler decision created all of these problems. It was a horrible decision, that was actually cruel because they didn't think about what would happen to all those 'childhood arrivals' after they finished school. They need to go after Plyler in the Supreme court. DACA is just a consequence of it.
A free public education is not in the Constitution and a constitutional right. You are essentially arguing that illegals should have all the same rights as citizens.
Education hasnt made many people any better. This forum is proof.
If fiscal concerns drove the decision, then why were the children of undocumented aliens singled out? After all, a State may "not . . . reduce expenditures for education by barring [some arbitrarily chosen class of] children from its schools." Shapiro v. Thompson, 394 U.S. 618, 633 (1969).
THEY'RE FOREIGNERS!
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