Texas Republicans are preparing for a renewed effort via legislation to end free public education for children who are not lawfully present in the United States. The proposal coming from Rep. Andy Hopper of Decatur directly challenges the 1982 Supreme Court case Plyler v. Doe, which held that states may not deny free public education to undocumented children under the Equal Protection Clause of the Fourteenth Amendment.
Supporters of the challenge argue that Texas has sustained high levels of illegal immigration for many years, and this has placed a heavy financial strain on local school districts and state resources.
“Benefits, licenses, and taxpayer-funded services should not be used to incentivize unlawful presence at the expense of hardworking Texans,” says Andrew Mahaleris, a spokesperson for Gov. Greg Abbott. Representative Brian Harrison of Midlothian points to the car industry and references higher insurance premiums and more dangerous driving conditions.
In 2025, during the 89th Legislative Session, House Bill 371 by Rep. Ben Bumgarner and House Bill 4707 by Rep. Andy Hopper both sought to challenge the 1982 Supreme Court case by restricting public school admissions and state funding to U.S. citizens, nationals, and lawfully present aliens.
The issue is expected to remain high-stakes in the upcoming legislative session as Texas lawmakers continue efforts to test the boundaries of federal precedent and reshape the state’s approach to immigration and public policy. Opponents of the legislation, including education advocates and civil-rights groups, warn that denying education would violate constitutional rights, leading to higher dropout rates and hurting the economy in the long term.
As conservative leaders signal strong support for a legal battle that could reach the Supreme Court, the debate over public school funding will remain crucial in Texas.