EXCLUSIVE: Lawmakers to Probe Whether Free Education Incentivizes Illegal Immigration

FIRST ON THE DAILY SIGNAL—A House subcommittee will examine whether the Supreme Court’s decision that states cannot deny the children of illegal aliens access to taxpayer-funded K-12 education incentivized more aliens to come to the U.S. illegally.

The House Judiciary Committee’s Subcommittee on the Constitution and Limited Government will hold a hearing Wednesday on the Supreme Court’s decision in Plyler v. Doe (1982), Rep. Chip Roy, R-Texas, told The Daily Signal Friday. The Supreme Court allowed illegal alien children to enroll in public schools, ruling that state laws preventing their enrollment violated the equal protection clause of the 14th Amendment.

“Decades ago, the Supreme Court’s erroneous decision in Plyler v. Doe set a misguided precedent by extending taxpayer-funded public education to those in the country illegally,” Roy told The Daily Signal. “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.”

The hearing will also explore the “policy implications” of “allowing large numbers of illegal aliens to overwhelm public schools, strain resources, teachers, and hinder class learning.”

Witnesses, who have yet to be formally announced, will help the subcommittee identify how Congress could push the Supreme Court to “rectify this judicial and policy gap.”

“This serves as an opportunity to examine the federal judiciary’s recent series of questionable decisions, highlighting a history of bad precedent,” the Texas congressmen added.

The committee hopes to use the hearing as an “opportunity” for them “to build from the birthright citizenship hearing” by demonstrating that the Plyler precedent compounds the issue of illegal aliens absorbing public resources.

In recent years, Republican lawmakers have continuously championed efforts to stop incentivizing illegal immigration, which they claim includes education.

States, including Florida and Texas, have already banned illegal immigrants from receiving in-state tuition benefits in public higher education.

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