Important ELL Court Cases

Plyler v. Doe: Implications for ELLs

Alabama Case Study: H.B. 56 and Plyler v. Doe

In November 2011, The New York Times invited five law professors to comment on the implementation of Alabama's new immigration law and its constitutionality regarding Plyler v. Doe.

In the introduction to the discussion, The Times writes, "Opponents say the law, one of the toughest in the nation, violates the 1982 Supreme Court decision in Plyler v. Doe which found that it was unconstitutional to deny children living in the U.S., whether legally or not, a free public elementary and secondary education. Supporters of the new law say that Alabama is simply abiding by demands from Congress that states help discourage and deter illegal immigration. Is the schools provision unconstitutional?"

H.B. 56 is constitutional:

• John C. Eastman, Chapman University School of Law: Permissible and Sensible
• Mark Krikorian, Center for Immigration Studies: Defining Good Policy

H.B. 56 is unconstitutional:

• Michael Olivas, author, "No Undocumented Child Left Behind": Shame on Alabama
• Rosemary C. Salomone, law professor: A Violation of Federal Law
• Peter Spiro, Temple University law professor: Be Careful What You Wish For