Named and Unnamed Children v. Texas,
448 U.S. 1327 (1980)

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U.S. Supreme Court

Named and Unnamed Children v. Texas, 448 U.S. 1327 (1980)

Certain Named and Unnamed Non-Citizen

Children and their Parents v. Texas

No. A-179

Decided September 4, 1980

448 U.S. 1327


An application to vacate the Court of Appeals' stay, pending appeal, of the District Court's injunction prohibiting Texas education officials from denying free education to any child, otherwise eligible, due to the child's immigration status -- the District Court having held that a Texas statute which prohibits use of state funds to educate alien children who are not "legally admitted" to the United States violates the Equal Protection Clause of the Fourteenth Amendment -- is granted. This order is without prejudice to a school district's ability to apply for a stay of the District Court's injunction, which stay would be justified if the district can demonstrate that, because of the number of undocumented alien children within its jurisdiction or because of exceptionally limited resources, the injunction's operation would severely hamper the provision of education to all its students during the coming year. Because of the significance of the District Court's constitutional ruling, it appears, even before decision by the Court of Appeals, that there is a reasonable probability that this Court will grant certiorari or note probable jurisdiction, and it is not unreasonable to believe that five Members of the Court may agree with the District Court's decision. Also, the balance of harms weighs heavily on the side of undocumented alien children, who will suffer irreparable harm from denial of public education if the stay is not vacated.

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