Miller Pushes States to Strip Education Rights from Undocumented
Stephen Miller, Trump’s senior immigration adviser, is orchestrating a campaign to dismantle the equal protection clause of the 14th Amendment by encouraging Republican-led states to deny public education funding to undocumented children. Miller raised this idea in a closed-door meeting with Texas lawmakers in Washington, citing congressional gridlock as justification for state-level action that would challenge the 1982 Supreme Court precedent in Plyler v. Doe, which mandated free public education for undocumented children as a constitutional right.
If enacted, Miller’s proposal would classify approximately one million children as members of a subordinate class excluded from mainstream society. As Justice William Brennan wrote in the Plyler decision, denying these children basic education forecloses their ability to contribute to the nation’s progress and violates the 14th Amendment’s guarantee that “The 14th Amendment to the Constitution is not confined to the protection of citizens.” Miller’s strategy aims to use state legislation as a testing ground to weaken federal constitutional protections, encouraging other Republican states and federal lawmakers to follow suit.
Miller’s assault on the 14th Amendment extends beyond education policy and represents a broader assault on the constitutional protections established after the Civil War. The 14th Amendment was designed as a political text to ensure equal protection and citizenship rights for all people, directly extending the prohibitions of the 13th Amendment against slavery and involuntary servitude. Miller’s crusade against immigration and his efforts to strip constitutional protections from vulnerable populations reveal an intent to fundamentally reshape American democracy by dismantling the legal and political framework designed to prevent the creation of subordinate classes.
(Source: https://www.nytimes.com/2026/03/28/opinion/stephen-miller-birthright-citizenship-14th-amendment.html)