Texas Governor Greg Abbott told a radio show host that he would like to bring back a 1975 state law that withheld monies from Texas School districts that admit children not in this country legally but who were brought over by their parents.
In 1982, the Supreme Court in a 5-4 ruling struck down the law. Abbott told The Joe Pags Show "The challenges put on our public systems are extraordinary. I think that we will resurrect that case and challenge this issue again because the expenses are extraordinary and the times are different than when Plyler v. Doe was issued many years ago."
Abbott cited a change in the law since the Plyler decision came out. He says immigration is very different now than it was then, especially with the imminent lifting of Title 42. He says the number of people crossing would lead to the equivalent of adding a new Houston every year and that leads to too many obligations.
He also says that since 1982, the Supreme Court has issued numerous decisions stating the federal government cannot commandeer employees or budgets of states to effectuate federal policy, which he maintains are open border policies. He says it should be the federal government footing that bill.
"The Supreme Court ruled states have no authority to stop illegal immigration, but nevertheless states have to come out of pocket to pay for the federal government's failure to secure the border," Abbott said.
Charles "Rocky" Rhodes, professor of constitutional law at the South Texas College of Law in Houston says Abbott will work to have the Supreme Court reconsider it's decision.
"The court was very concerned that the combination of the fact that this was the important right to education along with the concern that the children themselves bore no responsibility," Rhodes said.
Rhodes notes the court has changed and isn't sure that it will abide by this precedent.
"I think what Governor Abbott is perhaps thinking here is that a reconsideration of that concern with the equal protection rights of immigrant children may be a possibility in light of a Supreme Court, at least according to the first draft of an opinion we say this week is perhaps going to overturn Roe Versus Wade," Rhodes said.
Immigration is a hot button topic and Texas is spending billions of dollars on Operation Lone Star. Rhodes says this could benefit the governor politically.
"This is an issue he has been very aggressive on," Rhodes said. "It's something I could see him trying. He is going to have to get support from the legislature. It's something I could see him pursuing as part of his aura to be tough on immigration and border security."
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