The Thirteenth Amendment and Access to Education for Children of Undocumented Workers: A New Look at Plyler v. Doe

33 Pages Posted: 27 Sep 2007 Last revised: 23 Feb 2012

Maria Linda Ontiveros

University of San Francisco - School of Law

Joshua R. Drexler

affiliation not provided to SSRN

Date Written: Spring 2007

Abstract

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

Keywords: education, undocumented children, plyler, thirteenth amendment, immigration, constitution

Suggested Citation

Ontiveros, Maria Linda and Drexler, Joshua R., The Thirteenth Amendment and Access to Education for Children of Undocumented Workers: A New Look at Plyler v. Doe (Spring 2007). University of San Francisco Law Review, Vol. 42, No. 1045, 2008; Univ. of San Francisco Law Research Paper No. 2009-05. Available at SSRN: https://ssrn.com/abstract=1017069 or http://dx.doi.org/10.2139/ssrn.1017069

Maria Linda Ontiveros (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States
415-422-5365 (Phone)

Joshua R. Drexler

affiliation not provided to SSRN

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