Education

IDEAS LAW How Trump Nominee Brett Kavanaugh Could Threaten Undocumented Children’s Education

Secretary of Education Betsy DeVos has stoked public outrage more consistently than any other member of President Donald Trump’s Cabinet, a group not principally known for evading indignation. But perhaps DeVos’s most alarming error to date has received insufficient public attention. This disregard is regrettable because her blunder illuminates one of the U.S. Supreme Court’s most momentous opinions — and exposes a mounting threat to the decision.

As last school year drew to a close, Congressman Adrian Espaillat of New York asked DeVos in a committee hearing whether public educators could report undocumented students to Immigration and Customs Enforcement. “Sir, I think that’s a school decision,” DeVos replied. “That’s a community decision.” That response, however, revealed a deluded conception of unauthorized immigrants’ constitutional rights.