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Opinion: Denying undocumented children a free public education is unconscionable

Marissa Castañón-Hernandez

“Who would like to share?” I asked my 6th-graders, who spoke of vacations and family gatherings. Antonio said, “In Honduras, soldados came and shot at everyone. Two people died.” He looked at me with his big, brown eyes. He continued, “That’s why I am afraid of men in trucks.”

I have a moral and professional obligation to teach all of my students, regardless of their immigration status. What's more, the law mandates that I do. In 1982, the Supreme Court struck down a Texas statute that prohibited undocumented children from receiving a free public education. The statute violated Title VI of the Civil Rights Act of 1964, which prohibits discrimination in programs receiving federal financial assistance.

A sign from a rally last fall expresses support for immigrants. The U.S. Conference of Catholic Bishops is calling on Catholics to urge Congress to pass a law providing a path to citizenship for Dreamers, unauthorized immigrants who came to the U.S. as young children.

Governor Greg Abbott recently said he intends to challenge the ruling because educating undocumented children is too expensive for Texas and too burdensome for teachers. Should the Supreme Court overturn their previous decision, children like Antonio could be banned from attending school. As a teacher, I believe that denying undocumented chidren access to a free public education is unfair, unwise, and unconscionable. 

Undocumented immigrants, who make up 8% of our state workforce, contribute much to our economic growth and way of life. We rely on their labor to create affordable goods, products and services. Undocumented immigrants also pay federal taxes; an estimated $18.9 billion nationwide. Their contributions help sustain Social Security and Medicare, benefits that are unavailable to them. 

Undocumented immigrants pay their fair share of state and local taxes, an estimated $1,560,896,000 annually in Texas. This amount is almost double the $850 million the Attorney General Ken Paxton says is spent to provide for all of their needs. Without the contributions of undocumented immigrants, there would be less funding for just about everything, including schools. The state also allocates thousands of dollars to schools for the education of each child, documented or not. Fewer students in schools would mean less funding for curriculum, books, supplies and other resources that benefit all children. 

Research shows that school dropouts born and raised here are more likely to live in poverty, be incarcerated, or uninsured. Failing to educate undocumented children might result in the same outcomes. So hypothesized Supreme Court Justice Brennan in the majority opinion of the 1982 ruling, stating, “..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.” Educated children have the opportunity to become productive members of our society. 

Antonio was 6 years old when his family fled for their lives because it was too dangerous for them to stay. In Honduras, children are among those most likely to be displaced due to gang recruitment and violence. Denying undocumenented children an education is an ineffective deterrent for immigrants seeking refuge from violence in their home countries. It also destines them to lifetimes of struggle and hardship. 

Today, Antonio is happy and safe. Like other eleven-year-old boys, he enjoys video games, soccer and “American” football. Like many other immigrant children with whom I’ve worked, Antonio is resilient and driven to excel. He comes to school everyday, appreciative and ready to learn. I am fortunate that he is my student. 

I believe success can be achieved through hard work and perseverance, regardless of how we got here or how long ago. No doubt, if given the opportunity, Antonio will achieve his American dream. He’ll play soccer, work, and earn enough to buy a home for his parents. Maybe, one day, he won’t worry about men in trucks. 

Castañón-Hernandez teaches theatre at Wayside Sci-Tech Middle School in Austin. She is a Teach Plus Senior Writing Fellow.