Abbott to challenge education of migrant children in court


(NewsNation) —Texas Gov. Greg Abbott is preparing to challenge a Texas law which guarantees a free public education to migrant children, regardless of immigration status, in the Supreme Court.

Abbott is trying to overturn a 1982 Supreme Court ruling in Plyer v. Doe, that dictates it is unconstitutional for Texas to deny migrant children funding for a public education. He argues it costs $6,000 to educate each student and the funding should not fall on Texas.

“The challenges put on our public systems is extraordinary,” Abbott said in an interview with radio host Joe Pagliarulo. “Texas already long ago sued the federal government about having to incur the costs of the education program, in a case called Plyler v. Doe. And the Supreme Court ruled against us on the issue about denying, or let’s say Texas having to bear that burden.”

Abbott is not the first to challenge this ruling, Alabama tried and failed in 2011.

Two Supreme Court cases are at play in Abbott’s challenge. A 2012 ruling in Arizona v. United States said it was the federal government’s responsibility to enforce immigration law, not the state’s. Abbott holds that these two rulings cannot exist together.

“I think we will resurrect that case and challenge this issue again, because the expenses are extraordinary and the times are different,” Abbott said to Pagliarulo.

Abbott, who is up for re-election in November, has been fighting multiple battles with the federal government over the border and immigration in the past few months.

Border crossing are at a two decade high, in March there were 220,000 migrant encounters at the border, up 33% from February. Border patrol agents have said they are “overwhelmed” with the number of migrants coming to the U.S.-Mexico border.

Abbott has inserted himself at the center of the political fight over what should happen at the border.

In April he ordered extra checks to be made for trucks crossing the border, leading to delays up to 18-hours for truckers and supply shortages of fresh produce and other good at grocery stores. This move by Abbott was a slight toward the Biden administration for it’s plan to end COVID-era immigration law Title 42.

Just weeks prior he vowed to send bus loads of illegal migrants to Washington D.C., which he did, sending eight buses of migrants to the capitol.

Critics called it political theatre.

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