plyler
doe
argued
december
decided
june
held
texas
statute
withholds
local
school
districts
state
funds
education
children
legally
admitted
authorizes
local
school
districts
deny
enrollment
children
violates
equal
protection
clause
fourteenth
amendment
pp
illegal
aliens
plaintiffs
cases
challenging
statute
may
claim
benefit
equal
protection
clause
provides
state
shall
deny
person
within
jurisdiction
equal
protection
laws
whatever
status
immigration
laws
alien
person
ordinary
sense
term
prior
cases
recognizing
illegal
aliens
persons
protected
due
process
clauses
fifth
fourteenth
amendments
clauses
include
phrase
within
jurisdiction
distinguished
asserted
ground
persons
entered
country
illegally
within
jurisdiction
state
even
present
within
boundaries
subject
laws
logic
history
fourteenth
amendment
support
construction
instead
use
phrase
within
jurisdiction
confirms
understanding
fourteenth
amendment
protection
extends
anyone
citizen
stranger
subject
laws
state
reaches
every
corner
state
territory
pp
discrimination
contained
texas
statute
considered
rational
unless
furthers
substantial
goal
state
although
undocumented
resident
aliens
treated
suspect
class
although
education
fundamental
right
require
state
justify
statutory
classification
showing
serves
compelling
governmental
interest
nevertheless
texas
statute
imposes
lifetime
hardship
discrete
class
children
accountable
disabling
status
children
neither
affect
parents
conduct
undocumented
status
deprivation
public
education
like
deprivation
governmental
benefit
public
education
pivotal
role
maintaining
fabric
society
sustaining
political
cultural
heritage
deprivation
education
takes
inestimable
toll
social
economic
intellectual
psychological
individual
poses
obstacle
individual
achievement
determining
rationality
texas
statute
costs
nation
innocent
children
may
properly
considered
pp
undocumented
status
children
vel
non
establish
sufficient
rational
basis
denying
benefits
state
affords
residents
true
faced
equal
protection
challenge
respecting
state
differential
treatment
aliens
courts
must
attentive
congressional
policy
concerning
aliens
area
special
constitutional
sensitivity
presented
cases
absence
contrary
indication
fairly
discernible
legislative
record
national
policy
perceived
might
justify
state
denying
children
elementary
education
pp
texas
statutory
classification
sustained
furthering
interest
preservation
state
limited
resources
education
lawful
residents
state
might
interest
mitigating
potentially
harsh
economic
effects
influx
illegal
immigrants
texas
statute
offer
effective
method
dealing
problem
even
assuming
net
impact
illegal
aliens
economy
negative
charging
tuition
undocumented
children
constitutes
ineffectual
attempt
stem
tide
illegal
immigration
least
compared
alternative
prohibiting
employment
illegal
aliens
merit
suggestion
undocumented
children
appropriately
singled
exclusion
special
burdens
impose
state
ability
provide
public
education
record
show
exclusion
undocumented
children
likely
improve
overall
quality
education
state
neither
merit
claim
undocumented
children
appropriately
singled
unlawful
presence
within
renders
less
likely
children
remain
within
state
boundaries
put
education
productive
social
political
use
within
state
pp
brennan
delivered
opinion
marshall
blackmun
powell
stevens
joined
marshall
post
blackmun
post
powell
post
filed
concurring
opinions
burger
filed
dissenting
opinion
white
rehnquist
joined
post
together
texas
et
al
certain
named
unnamed
undocumented
alien
children
et
also
appeal
john
hardy
argued
cause
appellants
richard
arnett
assistant
attorney
general
texas
argued
cause
appellants
briefs
mark
white
attorney
general
john
fainter
first
assistant
attorney
general
richard
gray
iii
executive
assistant
attorney
general
peter
roos
argued
cause
appellees
brief
larry
daves
vilma
martinez
peter
schey
argued
cause
appellees
briefs
al
campos
larry
mealer
jane
swanson
solicitor
general
lee
assistant
attorney
general
reynolds
edwin
kneedler
filed
brief
amicus
curiae
fn
briefs
amici
curiae
urging
reversal
bases
filed
travis
hiester
orrin
johnson
neal
king
tony
martinez
harlingen
consolidated
independent
school
district
et
al
john
aldridge
texas
association
school
boards
ronald
zumbrun
john
findley
filed
brief
pacific
legal
foundation
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
cases
filed
james
orlow
american
immigration
lawyers
association
samuel
rabinove
american
jewish
committee
bill
lann
lee
asian
american
legal
defense
education
fund
edgewood
independent
school
district
peter
sandmann
legal
aid
society
san
francisco
michael
suarez
mexican
american
bar
association
houston
robert
kenney
national
education
association
et
al
fred
fuchs
texas
impact
daniel
marcus
john
cooney
washington
lawyers
committee
civil
rights
law
et
al
thomas
griffin
filed
brief
california
state
board
education
amicus
curiae
urging
affirmance
briefs
amici
curiae
cases
filed
joseph
zengerle
federation
american
immigration
reform
david
crump
legal
foundation
america
roger
marzulla
maxwell
miller
mountain
legal
foundation
briefs
amici
curiae
filed
joyce
miller
american
friends
service
committee
et
al
gwendolyn
gregory
thomas
shannon
august
steinhilber
national
school
boards
association
justice
brennan
delivered
opinion
question
presented
cases
whether
consistent
equal
protection
clause
fourteenth
amendment
texas
may
deny
undocumented
children
free
public
education
provides
children
citizens
legally
admitted
aliens
since
late
century
restricted
immigration
country
unsanctioned
entry
crime
entered
unlawfully
subject
deportation
ed
supp
iv
despite
existence
legal
restrictions
substantial
number
persons
succeeded
unlawfully
entering
live
within
various
including
state
texas
may
texas
legislature
revised
education
laws
withhold
local
school
districts
state
funds
education
children
legally
admitted
revision
also
authorized
local
school
districts
deny
enrollment
public
schools
children
legally
admitted
country
tex
educ
code
ann
vernon
supp
cases
involve
constitutional
challenges
provisions
plyler
doe
considering
motion
district
made
extensive
findings
fact
found
neither
school
district
policy
implementing
either
purpose
effect
keeping
illegal
aliens
state
texas
supp
respecting
defendants
claim
simply
financial
measure
designed
avoid
drain
state
fisc
recognized
increases
population
resulting
immigration
mexican
nationals
created
problems
public
schools
state
problems
exacerbated
special
educational
needs
immigrant
mexican
children
noted
however
increase
school
enrollment
primarily
attributable
admission
children
legal
residents
also
found
exclusion
undocumented
children
public
schools
texas
eventually
result
economies
level
funding
state
federal
governments
based
primarily
number
children
enrolled
net
effect
barring
undocumented
children
schools
save
money
necessarily
improve
quality
education
observed
impact
borne
primarily
small
subclass
illegal
aliens
entire
families
migrated
illegally
practical
purposes
permanently
finally
noted
current
laws
practices
illegal
alien
today
may
well
legal
alien
tomorrow
without
education
undocumented
children
lready
disadvantaged
result
poverty
lack
ability
undeniable
racial
prejudices
become
permanently
locked
lowest
class
district
held
illegal
aliens
entitled
protection
equal
protection
clause
fourteenth
amendment
violated
clause
suggesting
state
exclusion
undocumented
children
public
schools
may
well
type
invidiously
motivated
state
action
suspect
classification
doctrine
designed
held
unnecessary
decide
whether
statute
survive
strict
scrutiny
analysis
event
discrimination
embodied
statute
supported
rational
basis
district
also
concluded
texas
statute
violated
supremacy
clause
appeals
fifth
circuit
upheld
district
injunction
appeals
held
district
erred
finding
texas
statute
federal
law
respect
equal
protection
however
appeals
affirmed
essential
respects
analysis
district
concluding
constitutionally
infirm
regardless
whether
tested
using
mere
rational
basis
standard
stringent
test
noted
probable
jurisdiction
alien
children
education
litigation
ii
fourteenth
amendment
provides
state
shall
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
emphasis
added
appellants
argue
outset
undocumented
aliens
immigration
status
persons
within
jurisdiction
state
texas
therefore
right
equal
protection
texas
law
reject
argument
whatever
status
immigration
laws
alien
surely
person
ordinary
sense
term
aliens
even
aliens
whose
presence
country
unlawful
long
recognized
persons
guaranteed
due
process
law
fifth
fourteenth
amendments
shaughnessy
mezei
wong
wing
yick
wo
hopkins
indeed
clearly
held
fifth
amendment
protects
aliens
whose
presence
country
unlawful
invidious
discrimination
federal
government
mathews
diaz
appellants
seek
distinguish
prior
cases
emphasizing
equal
protection
clause
directs
state
afford
protection
persons
within
jurisdiction
due
process
clauses
fifth
fourteenth
amendments
contain
assertedly
limiting
phrase
appellants
view
persons
entered
illegally
within
jurisdiction
state
even
present
within
state
boundaries
subject
laws
neither
cases
logic
fourteenth
amendment
supports
constricting
construction
phrase
within
jurisdiction
never
suggested
class
persons
might
avail
equal
protection
guarantee
less
coextensive
entitled
due
process
contrary
recognized
provisions
fashioned
protect
identical
class
persons
reach
every
exercise
state
authority
fourteenth
amendment
constitution
confined
protection
citizens
says
shall
state
deprive
person
life
liberty
property
without
due
process
law
deny
person
within
jurisdiction
equal
protection
laws
provisions
universal
application
persons
within
territorial
jurisdiction
without
regard
differences
race
color
nationality
protection
laws
pledge
protection
equal
laws
yick
wo
supra
emphasis
added
manifestly
obligation
state
give
protection
equal
laws
performed
laws
operate
within
jurisdiction
equality
legal
right
must
maintained
obligation
imposed
constitution
upon
severally
governmental
entities
responsible
laws
establishing
rights
duties
persons
within
borders
missouri
ex
rel
gaines
canada
although
congressional
debate
concerning
fourteenth
amendment
limited
debate
clearly
confirms
understanding
phrase
within
jurisdiction
intended
broad
sense
offer
guarantee
equal
protection
within
state
boundaries
upon
state
impose
obligations
laws
indeed
appears
debates
congress
using
phrase
person
within
jurisdiction
sought
expressly
ensure
equal
protection
laws
provided
alien
population
representative
bingham
reported
house
draft
resolution
joint
committee
fifteen
reconstruction
become
fourteenth
amendment
cong
globe
two
days
later
bingham
posed
following
question
support
resolution
essential
unity
people
citizens
state
shall
entitled
privileges
immunities
citizens
several
essential
unity
government
unity
people
persons
whether
citizens
strangers
within
land
shall
equal
protection
every
state
union
rights
life
liberty
property
last
two
clauses
first
section
amendment
disable
state
depriving
merely
citizen
person
whoever
may
life
liberty
property
without
due
process
law
denying
equal
protection
laws
state
abolishes
class
legislation
away
injustice
subjecting
one
caste
persons
code
applicable
another
adopted
forever
disable
every
one
passing
laws
trenching
upon
fundamental
rights
privileges
pertain
citizens
persons
may
happen
within
jurisdiction
emphasis
added
conclusion
illegal
aliens
plaintiffs
cases
may
claim
benefit
fourteenth
amendment
guarantee
equal
protection
begins
inquiry
difficult
question
whether
equal
protection
clause
violated
refusal
state
texas
reimburse
local
school
boards
education
children
demonstrate
presence
within
lawful
imposition
school
boards
burden
tuition
children
question
turn
iii
equal
protection
clause
directs
persons
similarly
circumstanced
shall
treated
alike
royster
guano
virginia
constitution
require
things
different
fact
opinion
treated
law
though
tigner
texas
initial
discretion
determine
different
resides
legislatures
legislature
must
substantial
latitude
establish
classifications
roughly
approximate
nature
problem
perceived
accommodate
competing
concerns
public
private
account
limitations
practical
ability
state
remedy
every
ill
applying
equal
protection
clause
forms
state
action
thus
seek
assurance
classification
issue
bears
fair
relationship
legitimate
public
purpose
faithful
obligations
fourteenth
amendment
applied
deferential
standard
every
classification
equal
protection
clause
intended
restriction
state
legislative
action
inconsistent
elemental
constitutional
premises
thus
treated
presumptively
invidious
classifications
disadvantage
suspect
class
impinge
upon
exercise
fundamental
right
respect
classifications
appropriate
enforce
mandate
equal
protection
requiring
state
demonstrate
classification
precisely
tailored
serve
compelling
governmental
interest
addition
recognized
certain
forms
legislative
classification
facially
invidious
nonetheless
give
rise
recurring
constitutional
difficulties
limited
circumstances
sought
assurance
classification
reflects
reasoned
judgment
consistent
ideal
equal
protection
inquiring
whether
may
fairly
viewed
furthering
substantial
interest
state
turn
consideration
standard
appropriate
evaluation
sheer
incapability
lax
enforcement
laws
barring
entry
country
coupled
failure
establish
effective
bar
employment
undocumented
aliens
resulted
creation
substantial
shadow
population
illegal
migrants
numbering
millions
within
borders
situation
raises
specter
permanent
caste
undocumented
resident
aliens
encouraged
remain
source
cheap
labor
nevertheless
denied
benefits
society
makes
available
citizens
lawful
residents
existence
underclass
presents
difficult
problems
nation
prides
adherence
principles
equality
law
children
plaintiffs
cases
special
members
underclass
persuasive
arguments
support
view
state
may
withhold
beneficence
whose
presence
within
product
unlawful
conduct
arguments
apply
force
classifications
imposing
disabilities
minor
children
illegal
entrants
least
elect
enter
territory
stealth
violation
law
prepared
bear
consequences
including
limited
deportation
children
illegal
entrants
comparably
situated
parents
ability
conform
conduct
societal
norms
presumably
ability
remove
state
jurisdiction
children
plaintiffs
cases
affect
neither
parents
conduct
status
trimble
gordon
even
state
found
expedient
control
conduct
adults
acting
children
legislation
directing
onus
parent
misconduct
children
comport
fundamental
conceptions
justice
isiting
condemnation
head
infant
illogical
unjust
moreover
imposing
disabilities
child
contrary
basic
concept
system
legal
burdens
bear
relationship
individual
responsibility
wrongdoing
obviously
child
responsible
birth
penalizing
child
ineffectual
well
unjust
way
deterring
parent
weber
aetna
casualty
surety
omitted
public
education
right
granted
individuals
constitution
san
antonio
independent
school
dist
rodriguez
neither
merely
governmental
benefit
indistinguishable
forms
social
welfare
legislation
importance
education
maintaining
basic
institutions
lasting
impact
deprivation
life
child
mark
distinction
american
people
always
regarded
education
acquisition
knowledge
matters
importance
meyer
nebraska
recognized
public
schools
vital
civic
institution
preservation
democratic
system
government
abington
school
district
schempp
brennan
concurring
primary
vehicle
transmitting
values
society
rests
ambach
norwick
pointed
early
history
degree
education
necessary
prepare
citizens
participate
effectively
intelligently
open
political
system
preserve
freedom
independence
wisconsin
yoder
historic
perceptions
public
schools
inculcating
fundamental
values
necessary
maintenance
democratic
political
system
confirmed
observations
social
scientists
ambach
norwick
supra
addition
education
provides
basic
tools
individuals
might
lead
economically
productive
lives
benefit
us
sum
education
fundamental
role
maintaining
fabric
society
ignore
significant
social
costs
borne
nation
select
groups
denied
means
absorb
values
skills
upon
social
order
rests
addition
pivotal
role
education
sustaining
political
cultural
heritage
denial
education
isolated
group
children
poses
affront
one
goals
equal
protection
clause
abolition
governmental
barriers
presenting
unreasonable
obstacles
advancement
basis
individual
merit
paradoxically
depriving
children
disfavored
group
education
foreclose
means
group
might
raise
level
esteem
held
majority
directly
education
prepares
individuals
participants
society
wisconsin
yoder
supra
illiteracy
enduring
disability
inability
read
write
handicap
individual
deprived
basic
education
every
day
life
inestimable
toll
deprivation
social
economic
intellectual
psychological
individual
obstacle
poses
individual
achievement
make
difficult
reconcile
cost
principle
denial
basic
education
framework
equality
embodied
equal
protection
clause
said
years
ago
brown
board
education
still
holds
true
today
education
perhaps
important
function
state
local
governments
compulsory
school
attendance
laws
great
expenditures
education
demonstrate
recognition
importance
education
democratic
society
required
performance
basic
public
responsibilities
even
service
armed
forces
foundation
good
citizenship
today
principal
instrument
awakening
child
cultural
values
preparing
later
professional
training
helping
adjust
normally
environment
days
doubtful
child
may
reasonably
expected
succeed
life
denied
opportunity
education
opportunity
state
undertaken
provide
right
must
made
available
equal
terms
principles
allow
us
determine
proper
level
deference
afforded
undocumented
aliens
treated
suspect
class
presence
country
violation
federal
law
constitutional
irrelevancy
education
fundamental
right
state
need
justify
compelling
necessity
every
variation
manner
education
provided
population
see
san
antonio
independent
school
dist
rodriguez
supra
involved
cases
abstract
question
whether
discriminates
suspect
class
whether
education
fundamental
right
section
imposes
lifetime
hardship
discrete
class
children
accountable
disabling
status
stigma
illiteracy
mark
rest
lives
denying
children
basic
education
deny
ability
live
within
structure
civic
institutions
foreclose
realistic
possibility
contribute
even
smallest
way
progress
nation
determining
rationality
may
appropriately
take
account
costs
nation
innocent
children
victims
light
countervailing
costs
discrimination
contained
hardly
considered
rational
unless
furthers
substantial
goal
state
iv
state
principal
argument
apparently
view
dissenting
justices
undocumented
status
children
vel
non
establishes
sufficient
rational
basis
denying
benefits
state
might
choose
afford
residents
state
notes
aliens
admitted
equality
legal
privileges
citizens
laws
takahashi
fish
game
asserted
right
children
education
claim
implicit
congressional
imprimatur
indeed
state
view
congress
apparent
disapproval
presence
children
within
evasion
federal
regulatory
program
mark
undocumented
status
provides
authority
decision
impose
upon
special
disabilities
faced
equal
protection
challenge
respecting
treatment
aliens
agree
courts
must
attentive
congressional
policy
exercise
congressional
power
might
well
affect
state
prerogatives
afford
differential
treatment
particular
class
aliens
unable
find
congressional
immigration
scheme
statement
policy
might
weigh
significantly
arriving
equal
protection
balance
concerning
state
authority
deprive
children
education
constitution
grants
congress
power
establish
uniform
rule
naturalization
art
cl
drawing
upon
power
upon
plenary
authority
respect
foreign
relations
international
commerce
upon
inherent
power
sovereign
close
borders
congress
developed
complex
scheme
governing
admission
nation
status
within
borders
see
mathews
diaz
harisiades
shaughnessy
obvious
need
delicate
policy
judgments
counseled
judicial
branch
avoid
intrusion
field
mathews
supra
traditional
caution
persuade
us
unusual
deference
must
shown
classification
embodied
enjoy
power
respect
classification
aliens
see
hines
davidowitz
power
committed
political
branches
federal
government
mathews
although
routine
normally
legitimate
part
business
federal
government
classify
basis
alien
status
take
account
character
relationship
alien
country
rarely
matters
relevant
legislation
state
see
nyquist
mauclet
recognized
de
canas
bica
authority
act
respect
illegal
aliens
least
action
mirrors
federal
objectives
furthers
legitimate
state
goal
de
canas
state
program
reflected
congress
intention
bar
employment
aliens
except
possessing
grant
permission
work
country
contrast
indication
disability
imposed
corresponds
identifiable
congressional
policy
state
claim
conservation
state
educational
resources
ever
congressional
concern
restricting
immigration
importantly
classification
reflected
operate
harmoniously
within
federal
program
sure
like
persons
entered
unlawfully
children
subject
deportation
ed
supp
iv
assurance
child
subject
deportation
ever
deported
illegal
entrant
might
granted
federal
permission
continue
reside
country
even
become
citizen
see
ed
supp
iv
light
discretionary
federal
power
grant
relief
deportation
state
realistically
determine
particular
undocumented
child
fact
deported
deportation
proceedings
completed
course
difficult
state
justify
denial
education
child
enjoying
inchoate
federal
permission
remain
reluctant
impute
congress
intention
withhold
children
long
present
country
fault
access
basic
education
contexts
undocumented
status
coupled
articulable
federal
policy
might
enhance
state
authority
respect
treatment
undocumented
aliens
area
special
constitutional
sensitivity
presented
cases
absence
contrary
indication
fairly
discernible
present
legislative
record
perceive
national
policy
supports
state
denying
children
elementary
education
state
may
borrow
federal
classification
justify
use
criterion
discriminatory
policy
state
must
demonstrate
classification
reasonably
adapted
purposes
state
desires
use
oyama
california
murphy
concurring
emphasis
added
therefore
turn
state
objectives
said
support
appellants
argue
classification
issue
furthers
interest
preservation
state
limited
resources
education
lawful
residents
brief
appellants
course
concern
preservation
resources
standing
alone
hardly
justify
classification
used
allocating
resources
graham
richardson
state
must
justify
classification
concise
expression
intention
discriminate
examining
board
flores
de
otero
apart
asserted
state
prerogative
act
undocumented
children
solely
basis
undocumented
status
asserted
prerogative
carries
minimal
force
circumstances
cases
discern
three
colorable
state
interests
might
support
first
appellants
appear
suggest
state
may
seek
protect
influx
illegal
immigrants
state
might
interest
mitigating
potentially
harsh
economic
effects
sudden
shifts
population
hardly
offers
effective
method
dealing
urgent
demographic
economic
problem
evidence
record
suggesting
illegal
entrants
impose
significant
burden
state
economy
contrary
available
evidence
suggests
illegal
aliens
underutilize
public
services
contributing
labor
local
economy
tax
money
state
fisc
dominant
incentive
illegal
entry
state
texas
availability
employment
illegal
immigrants
come
country
presumably
state
texas
order
avail
free
education
thus
even
making
doubtful
assumption
net
impact
illegal
aliens
economy
state
negative
think
clear
harging
tuition
undocumented
children
constitutes
ludicrously
ineffectual
attempt
stem
tide
illegal
immigration
least
compared
alternative
prohibiting
employment
illegal
aliens
see
second
apparent
state
may
reduce
expenditures
education
barring
arbitrarily
chosen
class
children
schools
shapiro
thompson
appellants
suggest
undocumented
children
appropriately
singled
exclusion
special
burdens
impose
state
ability
provide
public
education
record
way
supports
claim
exclusion
undocumented
children
likely
improve
overall
quality
education
state
district
noted
state
failed
offer
credible
supporting
evidence
proportionately
small
diminution
funds
spent
child
might
result
devoting
state
funds
education
excluded
group
grave
impact
quality
education
reviewing
state
school
financing
mechanism
district
concluded
barring
undocumented
children
local
schools
necessarily
improve
quality
education
provided
schools
course
even
improvement
quality
education
likely
result
barring
number
children
schools
state
state
must
support
selection
group
appropriate
target
exclusion
terms
educational
cost
need
however
undocumented
children
basically
indistinguishable
legally
resident
alien
children
finally
appellants
suggest
undocumented
children
appropriately
singled
unlawful
presence
within
renders
less
likely
children
remain
within
boundaries
state
put
education
productive
social
political
use
within
state
even
assuming
interest
legitimate
interest
difficult
quantify
state
assurance
child
citizen
employ
education
provided
state
within
confines
state
borders
event
record
clear
many
undocumented
children
disabled
classification
remain
country
indefinitely
become
lawful
residents
citizens
difficult
understand
precisely
state
hopes
achieve
promoting
creation
perpetuation
subclass
illiterates
within
boundaries
surely
adding
problems
costs
unemployment
welfare
crime
thus
clear
whatever
savings
might
achieved
denying
children
education
wholly
insubstantial
light
costs
involved
children
state
nation
vi
state
deny
discrete
group
innocent
children
free
public
education
offers
children
residing
within
borders
denial
must
justified
showing
furthers
substantial
state
interest
showing
made
accordingly
judgment
appeals
cases
affirmed
footnotes
children
citizens
legally
admitted
aliens
age
five
years
age
years
first
day
september
scholastic
year
shall
entitled
benefits
available
school
fund
year
every
child
state
citizen
legally
admitted
alien
age
five
years
age
years
first
day
september
year
admission
sought
shall
permitted
attend
public
free
schools
district
resides
parent
guardian
person
lawful
control
resides
time
applies
admission
board
trustees
public
free
school
district
state
shall
admit
public
free
schools
district
free
tuition
persons
either
citizens
legally
admitted
aliens
five
years
age
beginning
scholastic
year
person
parent
guardian
person
lawful
control
resides
within
school
district
despite
enactment
school
district
continued
enroll
undocumented
children
free
charge
school
year
july
adopted
policy
requiring
undocumented
children
pay
full
tuition
fee
order
enroll
section
provided
definition
legally
admitted
alien
tyler
offered
following
clarification
legally
admitted
alien
one
documentation
legally
person
process
securing
documentation
immigration
service
service
state
person
processed
admitted
proper
documentation
app
juris
statement
contrasted
group
illegal
aliens
entered
country
alone
order
earn
money
send
dependents
mexico
many
instances
remained
country
short
period
time
plaintiffs
expert
gilbert
cardenas
testified
fifty
sixty
per
cent
current
legal
alien
workers
formerly
illegal
aliens
defense
witness
rolan
heston
district
director
houston
district
immigration
naturalization
service
testified
undocumented
children
live
years
adjust
status
marriage
citizen
permanent
resident
ibid
also
took
notice
congressional
proposals
legalize
status
many
unlawful
entrants
see
also
infra
found
inconsistent
scheme
national
regulation
immigration
nationality
act
federal
laws
pertaining
funding
discrimination
education
distinguished
de
canas
bica
emphasizing
state
bar
employment
illegal
aliens
involved
case
mirrored
precisely
federal
policy
protecting
domestic
labor
market
underlying
immigration
laws
discerned
express
federal
policy
bar
illegal
immigrants
education
appeals
noted
de
canas
bica
supra
foreclosed
state
regulation
respect
illegal
aliens
found
express
implied
congressional
policy
favoring
education
illegal
aliens
therefore
concluded
conflict
state
federal
law
concluded
federal
laws
international
agreements
appellees
cases
continue
press
argument
federal
law
policy
light
disposition
fourteenth
amendment
issue
occasion
reach
claim
incongruous
hold
constitution
assigns
broad
authority
naturalization
foreign
affairs
barred
invidious
discrimination
respect
unlawful
aliens
exempting
similar
limitation
see
although
previously
focused
intended
meaning
phrase
occasion
examine
first
sentence
fourteenth
amendment
provides
persons
born
naturalized
subject
jurisdiction
thereof
citizens
emphasis
added
justice
gray
writing
wong
kim
ark
detailed
length
history
citizenship
clause
predominantly
geographic
sense
term
jurisdiction
used
noted
impossible
construe
words
subject
jurisdiction
thereof
opening
sentence
fourteenth
amendment
less
comprehensive
words
within
jurisdiction
concluding
sentence
section
hold
persons
within
jurisdiction
one
union
subject
jurisdiction
justice
gray
concluded
citizen
subject
another
country
domiciled
within
allegiance
protection
consequently
subject
jurisdiction
one
early
commentator
noted
given
historical
emphasis
geographic
territoriality
bounded
principles
sovereignty
allegiance
plausible
distinction
respect
fourteenth
amendment
jurisdiction
drawn
resident
aliens
whose
entry
lawful
resident
aliens
whose
entry
unlawful
see
bouve
exclusion
expulsion
aliens
separate
opinion
justice
field
addressed
relationship
fifth
fourteenth
amendments
term
person
used
fifth
amendment
broad
enough
include
every
human
within
jurisdiction
republic
resident
alien
born
entitled
protection
laws
citizen
entitled
owes
obedience
laws
country
domiciled
consequence
entitled
equal
protection
laws
contention
persons
within
territorial
jurisdiction
republic
might
beyond
protection
law
heard
pain
argument
bar
face
great
constitutional
amendment
declares
state
shall
deny
person
within
jurisdiction
equal
protection
laws
wong
wing
concurring
part
dissenting
part
leng
may
barber
relied
appellants
contrary
case
held
matter
statutory
construction
alien
paroled
pursuant
immigration
nationality
act
ed
within
purpose
availing
authorized
withholding
deportation
certain
circumstances
conclusion
reflected
longstanding
distinction
exclusion
proceedings
involving
determination
admissibility
deportation
proceedings
undocumented
children
appellees
unlike
parolee
leng
may
supra
apparently
removed
country
pursuant
deportation
proceedings
see
gordon
rosenfield
immigration
law
procedure
representative
bingham
views
also
reflected
comments
civil
rights
bill
repeatedly
referred
need
provide
protection
freedmen
alien
stranger
refugees
men
cong
globe
several
formulations
might
explain
treatment
certain
classifications
suspect
classifications
likely
others
reflect
prejudice
rather
legislative
rationality
pursuit
legitimate
objective
legislation
predicated
prejudice
easily
recognized
incompatible
constitutional
understanding
person
judged
individually
entitled
equal
justice
law
classifications
treated
suspect
tend
irrelevant
proper
legislative
goal
see
mclaughlin
florida
hirabayashi
finally
certain
groups
indeed
largely
groups
historically
relegated
position
political
powerlessness
command
extraordinary
protection
majoritarian
political
process
san
antonio
independent
school
dist
rodriguez
graham
richardson
see
carolene
products
experience
nation
shown
prejudice
may
manifest
treatment
groups
response
experience
reflected
equal
protection
clause
fourteenth
amendment
legislation
imposing
special
disabilities
upon
groups
disfavored
virtue
circumstances
beyond
control
suggests
kind
class
caste
treatment
fourteenth
amendment
designed
abolish
determining
whether
denial
particular
right
deserving
strict
scrutiny
equal
protection
clause
look
constitution
see
right
infringed
source
explicitly
implicitly
therein
also
recognized
fundamentality
participation
state
elections
equal
basis
citizens
jurisdiction
dunn
blumstein
even
though
right
vote
per
se
constitutionally
protected
right
san
antonio
independent
school
supra
respect
suffrage
explained
need
strict
scrutiny
arising
significance
franchise
guardian
rights
see
harper
virginia
bd
elections
reynolds
sims
yick
wo
hopkins
see
craig
boren
lalli
lalli
technique
intermediate
scrutiny
permits
us
evaluate
rationality
legislative
judgment
reference
constitutional
principles
expounding
constitution
role
discern
principles
sufficiently
absolute
give
roots
throughout
community
continuity
significant
periods
time
lift
level
pragmatic
political
judgments
particular
time
place
university
california
regents
bakke
opinion
powell
quoting
cox
role
american
government
concerns
sufficiently
absolute
enduring
clearly
ascertained
constitution
cases
employ
standard
aid
us
determining
rationality
legislative
choice
attorney
general
recently
estimated
number
illegal
aliens
within
million
presenting
senate
house
representatives
several
presidential
proposals
reform
immigration
laws
including
one
legalize
many
illegal
entrants
currently
residing
creating
special
status
immigration
laws
attorney
general
noted
subclass
largely
composed
persons
permanent
attachment
nation
unlikely
displaced
territory
neither
resources
capability
motivation
uproot
deport
millions
illegal
aliens
many
become
effect
members
community
granting
limited
legal
status
productive
members
shadow
population
recognize
reality
devote
enforcement
resources
deterring
future
illegal
arrivals
joint
hearing
subcommittee
immigration
refugees
international
law
house
committee
judiciary
subcommittee
immigration
refugee
policy
senate
committee
judiciary
testimony
william
french
smith
attorney
general
district
observed
confluence
government
policies
resulted
existence
large
number
employed
illegal
aliens
parents
plaintiffs
case
whose
presence
tolerated
whose
employment
perhaps
even
welcomed
virtually
defenseless
abuse
exploitation
callous
neglect
state
state
natural
citizens
business
organizations
may
wish
subject
reject
claim
illegal
aliens
suspect
class
case
attempted
define
suspect
class
see
supra
addressed
status
persons
unlawfully
country
unlike
classifications
recognized
suspect
entry
class
virtue
entry
country
product
voluntary
action
indeed
entry
class
crime
addition
hardly
suggested
undocumented
status
constitutional
irrelevancy
respect
actions
federal
government
alienage
classifications
may
intimately
related
conduct
foreign
policy
federal
prerogative
control
access
plenary
federal
power
determine
sufficiently
manifested
allegiance
become
citizen
nation
state
may
independently
exercise
like
power
federal
government
uniform
rule
prescribed
believes
appropriate
standards
treatment
alien
subclass
may
course
follow
federal
direction
see
de
canas
bica
state
afford
noncitizens
right
vote
may
bar
noncitizens
participating
activities
heart
political
community
appellants
argue
denial
basic
education
children
less
significance
denial
group
whatever
current
status
children
courts
concluded
many
remain
permanently
indeterminate
number
eventually
become
citizens
fact
many
decisive
even
respect
importance
education
participation
core
political
institutions
benefits
education
reserved
whose
productive
utilization
certainty
addition
although
noncitizen
may
barred
full
involvement
political
arena
may
play
role
perhaps
even
leadership
role
areas
import
community
nyquist
mauclet
moreover
significance
education
society
limited
political
cultural
fruits
public
schools
important
socializing
institution
imparting
shared
values
social
order
stability
maintained
constitutional
guarantee
equal
protection
available
upon
congress
affirmatively
granted
benefit
state
argument
virtually
unanswerable
equal
protection
clause
operates
force
protect
anyone
within
state
jurisdiction
state
arbitrary
action
see
part
ii
supra
question
examine
text
whether
federal
disapproval
presence
children
assists
state
overcoming
presumption
denial
education
innocent
children
rational
response
legitimate
state
concerns
appellant
school
district
sought
oral
argument
characterize
alienage
classification
contained
simply
test
residence
unable
uphold
basis
appellants
conceded
example
virginian
legally
admitted
mexican
citizen
entered
tyler
children
intending
remain
six
months
children
viewed
residents
entitled
attend
tyler
schools
tr
oral
arg
thus
clear
tyler
residence
argument
amounts
nothing
assertion
illegal
entry
without
prevents
person
becoming
resident
purposes
enrolling
children
public
schools
state
may
however
accomplish
otherwise
prohibited
equal
protection
clause
merely
defining
disfavored
group
nonresident
illegal
entry
country
traditional
criteria
bar
person
obtaining
domicile
within
state
bouve
exclusion
expulsion
aliens
appellants
shown
families
undocumented
children
comply
established
standards
state
historically
tests
residence
apart
alienage
limitation
requires
school
district
provide
education
resident
children
school
districts
state
free
apply
undocumented
children
established
criteria
determining
residence
apply
criteria
child
seeks
admission
although
state
direct
interest
controlling
entry
country
interest
one
reserved
constitution
federal
government
unchecked
unlawful
migration
might
impair
state
economy
generally
state
ability
provide
important
service
despite
exclusive
federal
control
nation
borders
conclude
without
power
deter
influx
persons
entering
federal
law
whose
numbers
might
discernible
impact
traditional
state
concerns
see
de
canas
bica
courts
noted
ineffectiveness
texas
provision
means
controlling
influx
illegal
entrants
state
see
evidence
demonstrates
undocumented
persons
immigrate
search
free
public
education
virtually
undocumented
persons
come
country
seek
employment
opportunities
educational
benefits
overwhelming
evidence
unimportance
public
education
stimulus
immigration
omitted
record
support
claim
educational
resources
state
direly
limited
form
educational
triage
might
deemed
reasonable
assuming
permissible
response
state
problems
justice
marshall
concurring
join
opinion
without
way
retreating
opinion
san
antonio
independent
school
district
rodriguez
dissenting
opinion
continue
believe
individual
interest
education
fundamental
view
amply
supported
unique
status
accorded
public
education
society
close
relationship
education
basic
constitutional
values
furthermore
believe
facts
cases
demonstrate
wisdom
rejecting
rigidified
approach
equal
protection
analysis
employing
approach
allows
varying
levels
scrutiny
depending
upon
constitutional
societal
importance
interest
adversely
affected
recognized
invidiousness
basis
upon
particular
classification
drawn
see
also
dandridge
williams
marshall
dissenting
continues
view
denial
public
education
utterly
incompatible
equal
protection
clause
fourteenth
amendment
justice
blackmun
concurring
join
opinion
judgment
like
justice
powell
believe
children
involved
litigation
left
streets
uneducated
post
write
separately
however
view
nature
interest
stake
crucial
proper
resolution
cases
fundamental
rights
aspect
equal
protection
analysis
concept
governmental
classifications
bearing
certain
interests
must
closely
scrutinized
subject
controversy
justice
harlan
example
warned
irtually
every
state
statute
affects
important
rights
extend
compelling
interest
rule
cases
rights
affected
go
far
toward
making
shapiro
thompson
dissenting
opinion
others
noted
strict
scrutiny
equal
protection
clause
unnecessary
classifications
infringing
enumerated
constitutional
rights
involved
state
law
impinges
upon
substantive
right
liberty
created
conferred
constitution
course
presumptively
invalid
whether
law
purpose
effect
create
classifications
san
antonio
independent
school
dist
rodriguez
stewart
concurring
see
shapiro
thompson
harlan
dissenting
still
others
suggested
fundamental
rights
properly
part
equal
protection
analysis
unrelated
defined
principle
equality
considerations
combined
doubts
judiciary
ability
make
fine
distinctions
assessing
effects
complex
social
policies
led
rodriguez
articulate
firm
rule
fundamental
rights
explicitly
implicitly
guaranteed
constitution
therefore
squarely
rejected
notion
ad
hoc
determination
social
economic
importance
given
interest
relevant
level
scrutiny
accorded
classifications
involving
interest
made
clear
province
create
substantive
constitutional
rights
name
guaranteeing
equal
protection
laws
joined
justice
powell
opinion
rodriguez
continue
believe
provides
appropriate
model
resolving
equal
protection
disputes
classifications
infringing
substantive
constitutional
rights
necessarily
invalid
force
equal
protection
clause
operation
provisions
constitution
conversely
classifications
bearing
nonconstitutional
interests
even
involving
basic
economic
needs
impoverished
human
beings
dandridge
williams
generally
subject
special
treatment
equal
protection
clause
distinguishable
relevant
way
regulations
area
economics
social
welfare
ibid
said
however
believe
experience
demonstrated
rodriguez
formulation
settle
every
issue
fundamental
rights
arising
equal
protection
clause
pedant
insist
meaningful
distinctions
among
multitude
social
political
interests
regulated
rodriguez
stand
quite
absolute
proposition
contrary
rodriguez
implicitly
acknowledged
certain
interests
though
constitutionally
guaranteed
must
accorded
special
place
equal
protection
analysis
thus
decisions
long
accorded
strict
scrutiny
classifications
bearing
right
vote
state
elections
rodriguez
confirmed
constitutional
underpinnings
right
equal
treatment
voting
process
yet
right
vote
per
se
constitutionally
protected
right
see
harper
virginia
board
elections
rodriguez
stewart
concurring
instead
regulation
electoral
process
receives
unusual
scrutiny
right
exercise
franchise
free
unimpaired
manner
preservative
basic
civil
political
rights
reynolds
sims
see
dunn
blumstein
words
right
vote
accorded
extraordinary
treatment
equal
protection
terms
extraordinary
right
citizen
hope
achieve
meaningful
degree
individual
political
equality
granted
inferior
right
participation
political
process
denied
vote
relegated
state
fiat
basic
way
status
arguable
course
never
applied
fundamental
rights
doctrine
fashion
outlined
justice
harlan
one
maintained
strict
equal
protection
scrutiny
appropriate
racial
analogous
classifications
issue
shapiro
thompson
dissenting
opinion
see
reynolds
sims
harlan
dissenting
late
debate
point
believe
accepting
principle
voting
cases
idea
state
classifications
bearing
certain
interests
pose
risk
allocating
rights
fashion
inherently
contrary
notion
equality
dictates
outcome
justice
powell
chief
justice
observe
texas
scheme
inevitably
create
subclass
illiterate
persons
post
powell
concurring
see
post
burger
dissenting
differ
chief
justice
conclusion
makes
statutory
scheme
unconstitutional
well
unwise
view
state
provides
education
denies
others
immediately
inevitably
creates
class
distinctions
type
fundamentally
inconsistent
purposes
mentioned
equal
protection
clause
children
denied
education
placed
permanent
insurmountable
competitive
disadvantage
uneducated
child
denied
even
opportunity
achieve
children
members
identifiable
group
group
state
action
converted
discrete
underclass
benefits
provided
state
housing
public
assistance
course
important
individual
immediate
need
may
desirable
right
educated
classifications
involving
complete
denial
education
sense
unique
strike
heart
equal
protection
values
involving
state
creation
permanent
class
distinctions
cf
rodriguez
marshall
dissenting
sense
denial
education
analogue
denial
right
vote
former
relegates
individual
social
status
latter
places
permanent
political
disadvantage
conclusion
fully
consistent
rodriguez
reserved
judgment
constitutionality
state
system
occasioned
absolute
denial
educational
opportunities
children
noting
charge
fairly
made
system
issue
rodriguez
fails
provide
child
opportunity
acquire
basic
minimal
skills
cautioned
case
involv
ing
persistent
difficult
questions
educational
policy
lack
specialized
knowledge
experience
counsels
premature
interference
informed
judgments
made
state
local
levels
thus
rodriguez
held
reaffirms
state
need
justify
compelling
necessity
every
variation
manner
education
provided
population
ante
similarly
undeniable
education
fundamental
right
sense
constitutionally
guaranteed
however
state
undertaken
provide
education
children
residing
within
borders
contrast
situation
rodriguez
take
advanced
degree
predict
effects
complete
denial
education
upon
children
targeted
state
classification
circumstances
voting
decisions
suggest
state
must
offer
something
rational
basis
classification
concededly
seem
ironic
discuss
social
necessity
education
case
concerned
undocumented
aliens
whose
presence
state
country
illegal
post
burger
dissenting
nature
federal
immigration
laws
role
federal
government
regulating
immigration
class
children
monolithic
one
thus
district
alien
children
education
case
found
factual
matter
significant
number
illegal
aliens
remain
country
permanently
supp
sd
tex
children
involved
litigation
documentable
undocumented
children
deportable
none
named
plaintiffs
order
deportation
alienage
cases
demonstrate
children
may
denied
rights
granted
citizens
excepting
rights
bearing
political
interests
see
nyquist
mauclet
justice
powell
notes
structure
immigration
statutes
makes
impossible
state
determine
aliens
entitled
residence
eventually
deported
post
indeed
attempt
involve
state
administration
immigration
laws
whatever
state
power
classify
deportable
aliens
whatever
federal
government
ability
draw
precise
acceptable
alienage
classifications
statute
issue
sweeps
within
substantial
number
children
fact
may
well
entitled
remain
given
extraordinary
nature
interest
involved
makes
classification
fatally
imprecise
demonstrates
texas
legislation
otherwise
supported
substantial
interests
believe
carefully
worded
analysis
recognizes
importance
equal
protection
interests
consider
crucial
join
opinion
well
judgment
see
perry
modern
equal
protection
conceptualization
appraisal
colum
rev
use
term
citizen
advisedly
right
vote
course
political
interest
concern
citizens
right
education
contrast
social
benefit
relevance
substantial
number
affected
texas
statutory
scheme
discussed
concludes
provision
issue
must
invalidated
unless
furthers
substantial
goal
state
ante
since
statute
fails
survive
level
scrutiny
demonstrates
need
determine
whether
probing
level
review
appropriate
justice
powell
concurring
join
opinion
write
separately
emphasize
unique
character
cases
us
classification
question
severely
disadvantages
children
victims
combination
circumstances
access
mexico
country
across
border
readily
available
virtually
uncontrollable
illegal
aliens
attracted
employment
opportunities
perhaps
benefits
well
problem
serious
national
proportions
attorney
general
recently
recognized
see
ante
perhaps
intractability
problem
congress
vested
constitution
responsibility
protecting
borders
legislating
respect
aliens
provided
effective
leadership
dealing
problem
therefore
certain
illegal
aliens
continue
enter
record
makes
clear
unknown
percentage
remain
agree
children
left
streets
uneducated
although
analogy
perfect
holding
today
find
support
decisions
respect
status
illegitimates
weber
aetna
casualty
surety
said
isiting
condemnation
head
infant
misdeeds
parents
illogical
unjust
contrary
basic
concept
system
legal
burdens
bear
relationship
individual
responsibility
wrongdoing
cases
state
texas
effectively
denies
children
illegal
aliens
opportunity
attend
free
public
schools
state
makes
available
residents
excluded
status
resulting
violation
parents
guardians
immigration
laws
fact
remain
country
unlawfully
appellee
children
innocent
respect
affect
neither
parents
conduct
status
trimble
gordon
review
case
properly
heightened
see
cf
craig
boren
classification
issue
deprives
group
children
opportunity
education
afforded
children
simply
assigned
legal
status
due
violation
law
parents
children
thus
singled
lifelong
penalty
stigma
legislative
classification
threatens
creation
underclass
future
citizens
residents
reconciled
one
fundamental
purposes
fourteenth
amendment
unique
circumstances
properly
may
require
state
interests
substantial
means
bear
fair
substantial
relation
interests
see
lalli
lalli
classifications
based
illegitimacy
invalid
fourteenth
amendment
substantially
related
permissible
state
interests
state
interests
substantial
consider
means
adopted
view
state
denial
education
children
bears
substantial
relation
substantial
state
interest
district
courts
found
uncertain
significant
percentage
illegal
alien
children
remain
texas
residents
many
eventually
become
citizens
discussion
ante
part
state
purported
interests
demonstrates
poorly
served
educational
exclusion
indeed
interests
relied
upon
state
seem
insubstantial
view
consequences
state
wholly
uneducated
persons
living
indefinitely
within
borders
contrast
access
public
schools
made
available
children
lawful
residents
without
regard
temporary
nature
residency
particular
texas
school
district
appeals
district
courts
addressed
cases
concluded
classification
satisfy
even
bare
requirements
rationality
one
need
go
far
conclude
exclusion
appellees
class
children
education
type
punitive
discrimination
based
status
impermissible
equal
protection
clause
reaching
conclusion
unmindful
must
exasperation
responsible
citizens
government
authorities
texas
similarly
situated
responsibility
influx
aliens
slight
compared
imposed
constitution
federal
government
long
ease
entry
remains
inviting
power
deport
exercised
infrequently
federal
government
additional
expense
admitting
children
public
schools
might
fairly
shared
federal
state
governments
hardly
argued
rationally
anyone
benefits
creation
within
borders
subclass
illiterate
persons
many
remain
state
adding
problems
costs
state
national
governments
attendant
upon
unemployment
welfare
crime
article
cl
constitution
provides
congress
shall
power
establish
uniform
rule
naturalization
federal
government
broad
constitutional
powers
determining
aliens
shall
admitted
period
may
remain
regulation
conduct
naturalization
terms
conditions
naturalization
takahashi
fish
game
see
graham
richardson
regulation
aliens
constitutionally
entrusted
federal
government
traditionally
shown
great
deference
federal
authority
immigration
federal
classifications
based
upon
alienage
see
fiallo
bell
important
underscore
limited
scope
judicial
inquiry
immigration
legislation
harisiades
shaughnessy
pertinent
observe
policy
toward
aliens
vitally
intricately
interwoven
contemporaneous
policies
regard
conduct
foreign
relations
war
power
maintenance
republican
form
government
matters
exclusively
entrusted
political
branches
government
largely
immune
judicial
inquiry
interference
indeed
even
equal
protection
analysis
area
based
large
extent
underlying
theme
exclusive
federal
power
immigration
see
takahashi
fish
game
supra
federal
government
admitted
resident
aliens
country
equality
legal
privileges
citizens
nondiscriminatory
laws
may
alter
terms
admission
compare
graham
richardson
supra
sugarman
dougall
mathews
diaz
hampton
mow
sun
wong
given
power
regulate
area
limited
area
peculiarly
strong
federal
authority
necessity
federal
leadership
seems
evident
emphasize
conclusion
strict
scrutiny
appropriately
applied
classification
exacting
standard
review
reserved
instances
fundamental
constitutional
right
suspect
classification
present
neither
present
cases
holds
chief
justice
argues
dissenting
opinion
heightened
standard
review
inconsistent
decision
san
antonio
independent
school
district
rodriguez
rodriguez
group
children
singled
state
penalized
parents
status
rather
funding
education
varied
across
state
tradition
local
control
case
group
children
totally
deprived
education
cases
resident
children
illegal
aliens
denied
welfare
assistance
made
available
government
children
qualify
also
opinion
impermissible
penalizing
children
parents
status
state
provides
free
public
education
lawful
residents
whether
intend
reside
permanently
state
reside
state
temporarily
see
ante
course
school
district
may
require
illegal
alien
children
like
children
actually
reside
school
district
admitting
schools
requirement
de
facto
residency
uniformly
applied
violate
principle
equal
protection
classes
certified
cases
included
undocumented
children
mexican
origin
residing
school
district
see
ante
state
see
alien
children
education
litigation
supp
sd
tex
even
clear
neither
class
thought
include
mature
mexican
minors
solely
responsible
violating
immigration
laws
supp
ed
tex
characterized
plaintiffs
entire
families
migrated
illegally
plaintiff
children
case
represented
parent
guardian
similarly
alien
children
education
litigation
found
ndocumented
children
enter
unaccompanied
parents
different
case
presented
unlikely
event
minor
old
enough
responsible
illegal
entry
yet
still
school
age
entered
country
illegally
volition
addition
ability
respond
problems
caused
migration
may
limited
principles
apply
area
see
hines
davidowitz
de
canas
bica
found
state
law
making
criminal
offense
employ
illegal
aliens
federal
authority
aliens
immigration
found
evidence
congress
intended
state
regulation
area
evidence
congress
intends
may
extent
consistent
federal
law
regulate
employment
illegal
aliens
moreover
federal
immigration
law
immigrant
aliens
nonimmigrant
aliens
special
permission
entitled
work
see
gordon
rosenfield
immigration
law
procedure
federal
law
clearly
indicates
certain
specified
aliens
may
lawfully
work
country
aliens
documentation
establishing
right
state
de
canas
able
identify
certainty
aliens
federal
permission
work
country
state
need
concern
alien
current
future
deportability
contrast
comparable
federal
guidance
area
education
federal
law
invites
state
regulation
federal
regulations
identify
aliens
right
attend
public
schools
addition
texas
educational
exclusion
requires
state
make
predictions
whether
individual
aliens
eventually
found
deportable
impossible
state
determine
aliens
federal
government
eventually
deport
federal
government
permit
stay
federal
government
ultimately
naturalize
undocumented
alien
ordered
deported
federal
government
state
assured
alien
found
federal
permission
reside
country
perhaps
even
citizen
indeed
even
immigration
naturalization
service
predict
certainty
whether
individual
alien
right
reside
country
deportation
proceedings
run
course
see
ed
supp
iv
chief
justice
burger
justice
white
justice
rehnquist
justice
join
dissenting
business
set
nation
social
policy
agree
without
hesitation
senseless
enlightened
society
deprive
children
including
illegal
aliens
elementary
education
fully
agree
folly
wrong
tolerate
creation
segment
society
made
illiterate
persons
many
limited
command
language
however
constitution
constitute
us
platonic
guardians
vest
authority
strike
laws
meet
standards
desirable
social
policy
wisdom
common
sense
see
tva
hill
trespass
assigned
function
political
branches
structure
limited
separated
powers
assume
policymaking
role
today
makes
attempt
disguise
acting
make
congress
lack
effective
leadership
dealing
serious
national
problems
caused
influx
uncountable
millions
illegal
aliens
across
borders
see
ante
powell
concurring
failure
enforcement
immigration
laws
decade
inherent
difficulty
expense
sealing
vast
borders
combined
create
grave
socioeconomic
dilemma
dilemma
yet
even
fully
assessed
let
alone
addressed
however
function
judiciary
provide
effective
leadership
simply
political
branches
government
fail
holding
today
manifests
justly
criticized
judicial
tendency
attempt
speedy
wholesale
formulation
remedies
failures
simply
laggard
pace
political
processes
system
government
employs
view
abuses
fourteenth
amendment
effort
become
omnipotent
omniscient
problem
solver
motives
noble
compassionate
alter
fact
distorts
constitutional
function
make
amends
defaults
others
sense
opinion
rests
unique
confluence
theories
rationales
likely
stand
little
beyond
results
particular
cases
yet
extent
departs
principled
constitutional
adjudication
nonetheless
disturbing
quarrel
conclusion
equal
protection
clause
fourteenth
amendment
applies
aliens
illegal
entry
country
indeed
physically
within
jurisdiction
state
however
concedes
begins
inquiry
ante
equal
protection
clause
mandate
identical
treatment
different
categories
persons
jefferson
hackney
reed
reed
tigner
texas
dispositive
issue
cases
simply
put
whether
purposes
allocating
finite
resources
state
legitimate
reason
differentiate
persons
lawfully
within
state
unlawfully
distinction
state
texas
drawn
based
upon
legitimate
interests
classifications
established
federal
government
immigration
laws
policies
unconstitutional
acknowledges
except
cases
state
classifications
disadvantage
suspect
class
impinge
upon
fundamental
right
equal
protection
clause
permits
state
substantial
latitude
distinguishing
different
groups
persons
ante
moreover
expressly
correctly
rejects
suggestion
illegal
aliens
suspect
class
ante
education
fundamental
right
ante
yet
patching
together
bits
pieces
might
termed
analysis
spins
theory
facts
cases
end
told
little
level
scrutiny
employed
strike
texas
law
applies
illegal
alien
children
deprived
public
education
see
ante
ever
guilty
unabashedly
approach
case
prime
example
first
suggests
illegal
alien
children
although
suspect
class
entitled
special
solicitude
equal
protection
clause
lack
control
responsibility
unlawful
entry
country
ante
similarly
appears
take
position
presumptively
irrational
effect
imposing
penalties
innocent
children
ibid
see
also
ante
powell
concurring
however
equal
protection
clause
preclude
legislators
classifying
among
persons
basis
factors
characteristics
individuals
may
said
lack
control
indeed
circumstances
persons
generally
children
particular
may
little
control
responsibility
things
ill
health
need
public
assistance
place
residence
yet
state
legislature
barred
considering
example
relevant
differences
mentally
healthy
mentally
ill
residents
different
counties
simply
may
factors
unrelated
individual
choice
wrongdoing
equal
protection
clause
protects
arbitrary
irrational
classifications
invidious
discrimination
stemming
prejudice
hostility
equalizer
designed
eradicate
every
distinction
persons
responsible
presume
suggest
appellees
purported
lack
culpability
illegal
status
prevents
deported
otherwise
penalized
federal
law
yet
deportation
less
penalty
denial
privileges
provided
legal
residents
illegality
presence
need
depend
amorphous
concept
guilt
innocence
concerning
alien
entry
similarly
state
use
federal
immigration
status
basis
legislative
classification
necessarily
rendered
suspect
failure
take
factors
account
analogy
cases
involving
discrimination
illegitimate
children
see
ante
ante
powell
concurring
grossly
misleading
state
thrust
disabilities
upon
appellees
due
status
birth
cf
weber
aetna
casualty
surety
rather
appellees
status
predicated
upon
circumstances
concededly
illegal
presence
country
direct
result
congress
obviously
valid
exercise
broad
constitutional
powers
field
immigration
naturalization
art
cl
see
takahashi
fish
game
recognized
allocating
governmental
benefits
given
class
aliens
one
may
take
account
character
relationship
alien
country
mathews
diaz
relationship
federally
prohibited
one
course
presumption
state
constitutional
duty
include
illegal
aliens
among
recipients
governmental
benefits
second
strand
analysis
rests
premise
although
public
education
constitutionally
guaranteed
right
neither
merely
governmental
benefit
indistinguishable
forms
social
welfare
legislation
ante
whatever
meaning
relevance
opaque
observation
might
context
simply
bearing
issues
hand
indeed
never
made
clear
opinion
means
score
importance
education
beyond
dispute
yet
held
repeatedly
importance
governmental
service
elevate
status
fundamental
right
purposes
equal
protection
analysis
san
antonio
independent
school
dist
rodriguez
lindsey
normet
san
antonio
independent
school
supra
justice
powell
speaking
expressly
rejected
proposition
state
laws
dealing
public
education
subject
special
scrutiny
equal
protection
clause
moreover
points
meaningful
way
distinguish
education
governmental
benefits
context
suggesting
education
fundamental
food
shelter
medical
care
equal
protection
clause
guarantees
similar
treatment
similarly
situated
persons
mandate
constitutional
hierarchy
governmental
services
justice
powell
speaking
san
antonio
independent
school
dist
supra
put
well
stating
extent
raises
lowers
degree
judicial
scrutiny
equal
protection
cases
according
transient
majority
view
societal
importance
interest
affected
assum
legislative
role
one
lacks
authority
competence
yet
precisely
today
see
also
shapiro
thompson
harlan
dissenting
central
question
cases
every
equal
protection
case
involving
truly
fundamental
rights
explicitly
implicitly
guaranteed
constitution
san
antonio
independent
school
supra
whether
legitimate
basis
legislative
distinction
different
classes
persons
fact
distinction
drawn
legislation
affecting
access
public
education
opposed
legislation
allocating
important
governmental
benefits
public
assistance
health
care
housing
make
difference
level
scrutiny
applied
conceded
illegal
aliens
suspect
class
education
fundamental
right
inquiry
focus
limited
whether
legislative
classification
issue
bears
rational
relationship
legitimate
state
purpose
vance
bradley
dandridge
williams
see
ante
state
contends
primarily
serves
prevent
undue
depletion
limited
revenues
available
education
preserve
fiscal
integrity
state
system
flood
illegal
aliens
aliens
whose
entry
continued
presence
control
course
fiscal
concerns
alone
justify
discrimination
suspect
class
arbitrary
irrational
denial
benefits
particular
group
persons
yet
assume
member
argue
prudent
conservation
finite
state
revenues
per
se
illegitimate
goal
indeed
numerous
classifications
sustained
social
welfare
legislation
invariably
related
limited
amount
revenues
available
spend
given
program
set
programs
see
jefferson
hackney
dandridge
williams
supra
significant
question
whether
requirement
tuition
illegal
aliens
attend
public
schools
well
residents
example
rational
reasonable
means
furthering
state
legitimate
fiscal
ends
without
laboring
undoubtedly
seem
obvious
many
simply
irrational
state
conclude
responsibility
provide
benefits
persons
whose
presence
state
country
illegal
provide
persons
lawfully
present
definition
illegal
aliens
right
whatever
state
may
reasonably
constitutionally
elect
provide
governmental
services
expense
lawfully
state
de
canas
bica
held
state
may
protect
fiscal
interests
lawfully
resident
labor
force
deleterious
effects
economy
resulting
employment
illegal
aliens
recently
made
clear
state
legitimate
interest
protecting
preserving
quality
schools
right
bona
fide
residents
attend
institutions
preferential
tuition
basis
vlandis
kline
emphasis
added
see
also
elkins
moreno
failed
offer
even
plausible
explanation
illegality
residence
country
factor
may
legitimately
bear
upon
bona
fides
state
residence
entitlement
benefits
lawful
residence
significant
federal
government
seen
fit
exclude
illegal
aliens
numerous
social
welfare
programs
food
stamp
program
ed
supp
iv
cfr
assistance
aid
families
dependent
children
aid
blind
aid
permanently
totally
disabled
supplemental
security
income
programs
cfr
medicare
hospital
insurance
benefits
program
cfr
medicaid
hospital
insurance
benefits
aged
disabled
program
cfr
although
exclusions
conclusively
demonstrate
constitutionality
state
use
classification
comparable
purposes
least
tend
support
rationality
excluding
illegal
alien
residents
state
programs
preserve
state
finite
revenues
benefit
lawful
residents
see
mathews
diaz
see
also
supra
maintains
issue
barring
undocumented
children
local
schools
necessarily
improve
quality
education
provided
schools
ante
see
supp
ed
tex
however
legitimacy
barring
illegal
aliens
programs
medicare
medicaid
depend
showing
barrier
improve
quality
medical
care
given
persons
lawfully
entitled
participate
programs
modern
education
like
medical
care
enormously
expensive
doubt
large
added
costs
fall
state
local
school
districts
result
inclusion
illegal
aliens
public
schools
state
may
discretion
use
savings
resulting
tuition
requirement
improve
quality
education
public
school
system
enhance
funds
available
social
programs
reduce
tax
burden
placed
residents
ends
legitimate
state
need
show
implies
incremental
cost
educating
illegal
aliens
send
bankruptcy
grave
impact
quality
education
ante
dispositive
rational
basis
scrutiny
absence
constitutional
imperative
provide
education
illegal
aliens
state
may
rationally
choose
take
advantage
whatever
savings
accrue
limiting
access
public
schools
lawful
residents
excluding
even
citizens
neighboring
denying
free
education
illegal
alien
children
choice
make
legislator
apart
compassionate
considerations
costs
excluding
children
public
schools
may
well
outweigh
costs
educating
issue
fact
sound
policy
arguments
texas
legislature
choice
render
choice
unconstitutional
one
ii
constitution
provide
cure
every
social
ill
vest
judges
mandate
try
remedy
every
social
problem
lindsey
normet
see
reynolds
sims
harlan
dissenting
moreover
rushes
remedy
perceives
failings
political
processes
deprives
processes
opportunity
function
political
institutions
forced
exercise
constitutionally
allocated
powers
responsibilities
powers
like
muscles
used
tend
atrophy
today
cases
regret
say
present
yet
another
example
unwarranted
judicial
action
long
run
tends
contribute
weakening
political
processes
congress
vested
constitution
responsibility
protecting
borders
legislating
respect
aliens
ante
powell
concurring
bears
primary
responsibility
addressing
problems
occasioned
millions
illegal
aliens
flooding
across
southern
border
similarly
congress
assess
social
costs
borne
nation
select
groups
denied
means
absorb
values
skills
upon
social
order
rests
ante
see
ante
specter
permanent
caste
illegal
mexican
residents
indeed
disturbing
one
see
ante
one
segment
larger
problem
political
branches
solve
find
difficult
believe
congress
long
tolerate
result
fail
deport
illegal
alien
families
provide
education
children
yet
instead
allowing
political
processes
run
course
albeit
delay
seeks
congress
job
compensating
congressional
inaction
unreasonable
think
encourages
political
branches
pass
problems
judiciary
solution
seemingly
intractable
problem
defer
political
processes
unpalatable
may
follow
however
state
bear
costs
educating
children
whose
illegal
presence
country
results
default
political
branches
federal
government
state
power
prevent
unlawful
immigration
power
deport
illegal
aliens
powers
reserved
exclusively
congress
executive
federal
government
properly
chargeable
deporting
illegal
aliens
fails
bear
burdens
presence
surely
illegal
alien
children
identified
purposes
litigation
parents
identified
purposes
prompt
deportation
department
justice
recently
estimated
number
illegal
aliens
within
million
joint
hearing
subcommittee
immigration
refugees
international
law
house
committee
judiciary
subcommittee
immigration
refugee
policy
senate
committee
judiciary
testimony
attorney
general
smith
estimates
run
high
million
see
strout
closing
door
immigration
christian
science
monitor
may
implies
example
fourteenth
amendment
require
state
provide
welfare
benefits
illegal
aliens
opinion
justice
powell
concurrence
imply
appellees
penalized
parents
illegal
entrants
ante
ante
powell
concurring
however
texas
classified
appellees
basis
illegal
status
parents
children
born
country
illegal
alien
parents
including
appellees
siblings
excluded
texas
schools
texas
discriminate
appellees
mexican
origin
citizenship
texas
provides
free
public
education
countless
thousands
mexican
immigrants
lawfully
country
appellees
lack
control
illegal
residence
country
sense
lawfully
resident
children
lack
control
school
district
parents
reside
yet
san
antonio
independent
school
dist
rodriguez
declined
review
heightened
scrutiny
claim
state
discriminated
residents
less
wealthy
school
districts
provision
educational
benefits
suggestion
case
child
lack
responsibility
residence
particular
school
district
relevance
proper
standard
review
claims
result
children
lawfully
residing
different
counties
received
different
treatment
indeed
even
children
illegal
alien
parents
born
said
penalized
parents
deported
true
constitution
imposes
lesser
constraints
federal
government
regard
discrimination
lawfully
admitted
aliens
mathews
diaz
hampton
mow
sun
wong
congress
president
broad
power
immigration
naturalization
possess
hampton
supra
state
discrimination
legally
resident
aliens
conflicts
alters
conditions
lawfully
imposed
congress
upon
admission
naturalization
residence
aliens
several
takahashi
fish
game
however
said
congress
decreed
certain
aliens
admitted
support
conclusion
opinion
strings
together
quotations
drawn
cases
addressing
diverse
matters
right
individuals
due
process
clause
learn
foreign
language
meyer
nebraska
first
amendment
prohibition
religious
exercises
public
schools
abington
school
district
schempp
state
impingements
upon
free
exercise
religion
wisconsin
yoder
however
every
isolated
utterance
retains
force
wrested
context
made
rational
basis
standard
applied
appeals
texas
law
might
also
justified
means
deterring
unlawful
immigration
regulation
immigration
exclusively
federal
function
state
may
take
steps
consistent
federal
immigration
policy
protect
economy
ability
provide
governmental
services
deleterious
effects
massive
influx
illegal
immigrants
de
canas
bica
ante
maintains
denying
illegal
aliens
free
public
education
ineffectual
means
deterring
unlawful
immigration
least
compared
prohibition
employment
illegal
aliens
ante
perhaps
correct
dispositive
equal
protection
clause
mandate
state
choose
either
effective
means
addressing
problem
none
dandridge
williams
texas
might
rationally
conclude
significant
demographic
economic
problem
ante
engendered
illegal
entry
state
entire
families
aliens
indefinite
periods
periodic
sojourns
single
adults
intend
leave
state
seasonal
employment
blinks
reality
maintain
availability
governmental
services
education
plays
role
alien
family
decision
enter
remain
country
certainly
availability
free
bilingual
public
education
might
well
influence
alien
bring
children
rather
travel
alone
better
job
opportunities
suggests
state
classification
improper
illegal
entrant
might
granted
federal
permission
continue
reside
country
even
become
citizen
ante
however
illegal
alien
given
federal
permission
remain
longer
subject
exclusion
public
schools
acknowledges
tyler
independent
school
district
provides
free
public
education
alien
obtained
process
obtaining
documentation
immigration
naturalization
service
see
ante
thus
texas
taken
upon
determine
aliens
entitled
residence
justice
blackmun
assertion
texas
statute
applied
aliens
may
well
entitled
remain
ante
concurring
opinion
wholly
without
foundation
opinion
disingenuous
suggests
state
merely
picked
disfavored
group
arbitrarily
defined
members
nonresidents
ante
appellees
disfavored
status
stems
fact
federal
law
explicitly
prohibits
country
moreover
analogies
virginians
legally
admitted
mexican
citizens
entering
texas
spurious
virginian
right
migrate
texas
without
penalty
protected
constitution
see
shapiro
thompson
lawfully
admitted
alien
right
enter
state
likewise
protected
federal
law
see
takahashi
fish
game
cf
zobel
williams
ante
district
concluded
primarily
state
decrease
funding
local
school
districts
proportion
exclusion
illegal
alien
children
assume
member
challenge
texas
right
charge
tuition
students
residing
across
border
louisiana
seek
attend
nearest
school
texas
professor
bickel
noted
judicial
review
tendency
time
seriously
weaken
democratic
process
bickel
least
dangerous
branch
reiterated
james
bradley
thayer
observation
exercise
power
judicial
review
even
unavoidable
always
attended
serious
evil
namely
correction
legislative
mistakes
comes
outside
people
thus
lose
political
experience
moral
education
stimulus
comes
fighting
question
ordinary
way
correcting
errors
tendency
common
easy
resort
great
function
lamentably
common
dwarf
political
capacity
people
deaden
sense
moral
responsibility
quoting
thayer
john
marshall