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