Education Policy and the Courts

In a closed-door meeting in Washington last week, White House immigration adviser Stephen Miller pressed Republican Texas legislators to pursue a law that would fund public K–12 education only for U.S. citizens and children 'lawfully present in the United States,' explicitly running against the Supreme Court’s 1982 Plyler v. Doe ruling that requires states to educate all children regardless of immigration status. Miller framed Texas and Florida as conservative 'partners' that can advance immigration and other Trump priorities at the state level while Congress is gridlocked and Republicans brace for a possible loss of the U.S. House after the 2026 midterms. Texas House Republican Caucus chair Tom Oliverson confirmed the push and said many conservatives view Plyler as based on 'pretty faulty logic,' underscoring an appetite on the right to force a fresh Supreme Court confrontation over undocumented students’ rights. The discussion illustrates a broader Trump-era strategy of using state legislatures as test beds for aggressive policies on immigration, health and the economy that may not be achievable through federal legislation, and sets up a potential legal and political battle over whether states can effectively shut undocumented children out of public schools.