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Constitutional Law

Immigration

Brigham Young University

Publication Year

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Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen Apr 2021

Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen

Brigham Young University Prelaw Review

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 …


The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis Apr 2020

The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis

Brigham Young University Prelaw Review

Why should the census avoid asking a question concerning citizenship?

Are there alternatives in providing information to aid government

functions while still protecting the rights of residents? In

early 2019, the Trump administration requested that the 2020 census

include an inquiry concerning the citizenship status of residents, for

claimed reasons of better legislation (i.e. the allocation of government

funds to the states and the drawing of electoral districts). The

Supreme Court considered this issue in Dept. of Commerce v. New

York. In sum, their opinion was, “not yet.” The Supreme Court did

not definitively conclude that it was unconstitutional to …