These arguments do not apply. See Takahashi v. Fish & Game Comm'n, 334 U. S. 410 (1948). Although these exclusions do not conclusively demonstrate the constitutionality of the State's use of the same classification for comparable purposes, at the very least they tend to support the rationality of excluding illegal alien residents of a state from such programs so as to preserve the state's finite revenues for the benefit of lawful residents. [Footnote 4/15], Congress, "vested by the Constitution with the responsibility of protecting our borders and legislating with respect to aliens," ante at 457 U. S. 237 (POWELL, J., concurring), bears primary responsibility for addressing the problems occasioned by the millions of illegal aliens flooding across our southern border. ", Id. It is difficult to understand precisely what the State hopes to achieve by promoting the creation and perpetuation of a subclass of illiterates within our boundaries, surely adding to the problems and costs of unemployment, welfare, and crime. See Craig v. Boren, 429 U. S. 190 (1976); Lalli v. Lalli, 439 U. S. 259 (1978). . 458 F. Supp. Of course, a school district may require that illegal alien children, like any other children, actually reside in the school district before admitting them to the schools. If the Federal Government, properly chargeable with deporting illegal aliens, fails to do so, it should bear the burdens of their presence here. [Footnote 3/6] So long as the ease of entry remains inviting. The contention that persons within the territorial jurisdiction of this republic might be beyond the protection of the law was heard with pain on the argument at the bar -- in face of the great constitutional amendment which declares that no State shall deny to any person within its jurisdiction the equal protection of the laws.". In net effect, then, barring undocumented children from the schools would save money, but it would "not necessarily" improve "the quality of education."

It is not unreasonable to think that this encourages the political branches to pass their problems to the Judiciary.

Ante at 457 U. S. 221. [Footnote 4/2]. The Court of Appeals noted that De Canas v. Bica, supra, had not foreclosed all state regulation with respect to illegal aliens, and found no express or implied congressional policy favoring the education of illegal aliens.

Although undocumented resident aliens cannot be treated as a "suspect class," and although education is not a "fundamental right," so as to require the State to justify the statutory classification by showing that it serves a compelling governmental interest, nevertheless the Texas statute imposes a lifetime hardship on a discrete class of children not accountable for their disabling status. The court held that illegal immigrant children are people deserving of equal protection rights. Educ.Code Ann. of the unimportance of public education as a stimulus for immigration") (footnote omitted). remain in the United States," ante at 457 U. S. 236 (concurring opinion), is wholly without foundation. Because federal law clearly indicates that only certain specified aliens may lawfully work in the country, and because these aliens have documentation establishing this right, the State in De Canas was able to identify with certainty which aliens had a federal permission to work in this country. In light of our disposition of the Fourteenth Amendment issue, we have no occasion to reach this claim. In support of this conclusion, the Court's opinion strings together quotations drawn from cases addressing such diverse matters as the right of individuals under the Due Process Clause to learn a foreign language, Meyer v. Nebraska, 262 U. S. 390 (1923); the First Amendment prohibition against state-mandated religious exercises in the public schools, Abington School District v. Schempp, 374 U. S. 203 (1963); and state impingements upon the free exercise of religion, Wisconsin v. Yoder, 406 U. S. 205 (1972). Similarly, the court in In re Alien Children Education Litigation found that "[u]ndocumented children do not enter the United States unaccompanied by their parents." at 579, and n. 88.

at 585. Wong Wing, supra, at 163 U. S. 238. Here, however, the State has undertaken to provide an education to most of the children residing within its borders. deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The appellee children are innocent in this respect. A class action challenged the constitutionality of Texas Education Code Section 21.031, which prohibited the use of state funds for the education of children who had not been legally admitted to the U.S. The distinction the State of Texas has drawn -- based not only upon its own legitimate interests but on classifications established by the Federal Government in its immigration laws and policies -- is not unconstitutional. In considering this motion, the District Court made extensive findings of fact.

that there are sound policy arguments against the Texas Legislature's choice does not render that choice an unconstitutional one. Public education is not a "right" granted to individuals by the Constitution. See 458 F. Supp. No State may independently exercise a like power. The stigma of illiteracy will mark them for the rest of their lives. The tendency of a common and easy resort to this great function, now lamentably too common, is to dwarf the political capacity of the people, and to deaden its sense of moral responsibility.'". . The classification at issue deprives a group of children of the opportunity for education afforded all other children simply because they have been assigned a legal status due to a violation of law by their parents. 63) that was to become the Fourteenth Amendment. of public education is not like the deprivation of some other governmental benefit. This conclusion is fully consistent with Rodriguez. In that case, the Court held, as a matter of statutory construction, that an alien paroled into the United States pursuant to 212(d)(5) of the Immigration and Nationality Act, 8 U.S.C. Only a pedant would insist that there are no meaningful distinctions among the multitude of social and political interests regulated by the States, and Rodriguez does not stand for quite so absolute a proposition. It is true that the Constitution imposes lesser constraints on the Federal Government than on the states with regard to discrimination against lawfully admitted aliens. [Footnote 24] Thus, even making the doubtful assumption that the net impact of illegal aliens on the economy of the State is negative, we think it clear that "[c]harging tuition to undocumented children constitutes a ludicrously ineffectual attempt to stem the tide of illegal immigration," at least when compared with the alternative of. Synopsis of Rule of Law. at 411 U. S. 32, and made clear that "[i]t is not the province of this Court to create substantive constitutional rights in the name of guaranteeing equal protection of the laws."

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. A State may not, however, accomplish what would otherwise be prohibited by the Equal Protection Clause merely by defining a disfavored group as nonresident. Lindsey v. Normet, 405 U.S. at 405 U. S. 74. Examining Board v. Flores de Otero, 426 U. S. 572, 426 U. S. 605 (1976).

at 578. Plyler v. Doe This is a class action, filed in the United States District Court for the Eastern District of Texas in September 1977, on behalf of certain school-age children of Mexican origin re-siding in Smith County, Tex., who could not establish that they had been legally admitted into the United States. It is a dilemma that has not yet even been fully assessed, let alone addressed.

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