Some states are trying to challenge a long-held precedent that undocumented children are allowed to attend public school free of charge.
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The Heritage Foundation released a policy document in February 2026 that spells out how states can try to challenge a 1982 Supreme Court ruling that enshrined immigrant students’ right to attend school.
Critics say undocumented students put a strain on limited school resources, but research suggests otherwise.
Twenty states not only accept undocumented students in higher education institutions, but also provide them with financial support.



