The United States does not have a guaranteed right to education. This “right” is thought to be endowed via the 14th amendment with respect to the Equal Protection Clause. Every child under this is required to attend schooling from grades K-12. Everyone can agree that education is a vital foundation on which future success in life is built on, so what happens when this important stepping stone is denied?
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”
14th Amendment of the United States Constitution
That is what happened in the case of Plyler v. Doe. This Supreme Court case presented in 1982 set a precedent ruling not only in the access to education but in the rights that immigrant children have in the United States.
It all started in 1977 Tyler, Texas when the Independent school district attempted to stop children of undocumented immigrants by requiring that children have proof of American citizenship in order to attend the school. If no proof could be supplied then the child could still attend that school for an expensive tuition bill that many could not afford working with undocumented status. With the help of the Mexican American Legal Defense and Education Fund (MALDEF) this case was brought forth and after many appeals to higher courts for a ruling ended at the Supreme court.
Under this landmark ruling, a 5-4 split court decision, reaffirmed the position that every child in America, regardless of immigration status could attain a free K-12 public school education. Making this the first of many success stories that MALDEF would garner in helping members of the Latino community in seeking justice and legal education.
MALDEF is more than what the history books will say.
This organization was founded in 1968 in San Antonio, Texas. Mirroring the call to action felt by many minority communities during the Civil Rights movement came the formation of the group. Similar to the work of the National Association for the Advancement of Colored People (NAACP) Legal Defense Fund and framework in providing legal aid to members of the African American Community for racial injustices perpetrated against. This inspiration led to the formation of MALDEF with the same goal in mind.
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What started as humble beginnings for the group later came a successful future in providing legal aid to members of the Latino community that were facing regular injustices and discrimination. Grew into a nationwide network with major focus on issues regarding education, immigrant’s rights, voting rights, and civic education.
Besides their notable historical win in the supreme court they have had many following legal wins. In recent years, MALDEF took their stance in protecting voting rights for many Latino Americans fighting for equal representation in local elections when redrawn election maps were not done for fair representation.
The 2006 supreme court decision on the LULAC v. Perry ruled in favor of MALDEF position noting “Texas Legislature’s 2003 redistricting plan denied Latino voters the opportunity to elect candidates of their choice, in violation of the Voting Rights Act.”
Social Justice is not something that is only spoken about but is an active fight happening everyday. It is organizations like MALDEF that remind us that the progress we make is our responsibility to seek it out and fight for.
