Brigham Young University Prelaw Review


Immigration, DACA, In-State Tuition, Pyler v. Doe, Supreme Court, Constitution, Students, 1982, 14th Amendment


In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With tuition rates skyrocketing and the necessity of a college education becoming more and more imperative, this article explores the merits of providing in-state tuition for DACA recipients to avoid this "permanent underclass", yielding a net benefit for the United States.