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NJ AR155

NJ AR155
Urges U.S. Congress to remove federal courts' jurisdiction in certain education matters, or alternatively, to overturn certain prior case law.

summary

Introduced
09/19/2024
In Committee
09/19/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This Assembly resolution urges the United States Congress to remove from federal courts' jurisdiction certain education matters, or in the alternative, urges the United States Supreme Court to overturn its erroneous decision in Plyler v. Doe. Illegal aliens cost this State billions of dollars each year, including in the area of publicly funded education that the State is required to provide even though illegal aliens often do not pay their full tax responsibility. The United States Supreme Court determined over 50 years ago that education is not a fundamental right afforded explicit or implicit protection under the United States Constitution. Moreover, the 10th Amendment to the United States Constitution explicitly reserves those powers not delegated to the federal government to the states. Notwithstanding these facts, the Supreme Court wrongly removed from states their constitutionally reserved power to govern their citizenry in the area of education by denying states the ability to charge illegal alien students a tuition, similar to the tax dollars paid by parents of students who are United States citizens and legally admitted aliens. The United States Constitution provides Congress with certain powers to constitute tribunals inferior to the Supreme Court and to limit and regulate the Supreme Court's appellate jurisdiction. This Assembly resolution urges Congress to enact legislation removing jurisdiction of the United States Supreme Court and inferior federal courts over any case or controversy involving state action requiring illegal aliens to pay a school tuition or tax. In the alternative, this resolution urges the Supreme Court to overturn its decision in Plyler v. Doe and reaffirm a state's constitutionally protected right to govern its citizenry in the area of education.

AI Summary

This resolution urges the United States Congress to remove federal courts' jurisdiction over cases involving state actions that require illegal immigrants to pay school tuition or taxes, or alternatively, calls on the Supreme Court to overturn its 1981 Plyler v. Doe decision. The resolution argues that illegal immigrants cost the state significant money in publicly funded education while often not paying full tax responsibilities. It references a previous Supreme Court case (San Antonio Indep. Sch. Dist. v. Rodriguez) that determined education is not a fundamental constitutional right, and contends that the Plyler v. Doe decision improperly limited states' 10th Amendment powers to govern education. The resolution specifically requests that Congress use its constitutional authority to limit federal court jurisdiction or that the Supreme Court reconsider its previous ruling, thereby allowing states more flexibility in determining educational policies and fees for illegal immigrants. If passed, the resolution would be transmitted to various legislative and congressional leaders to communicate New Jersey's position on this issue.

Committee Categories

Government Affairs

Sponsors (3)

Last Action

Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee (on 09/19/2024)

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Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/AR155
BillText https://pub.njleg.gov/Bills/2024/AR/155_I1.HTM
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