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There are about 408,000 illegal immigrants enrolled in U.S. universities. That number is staggering—and it predates President Biden’s border policies, which have resulted in an unprecedented 10 million illegal crossings in just four years.
How did the country get to such a reckless place? It’s hard to fully explain, but I was on the phone last night with a multitude of lawyers who were more than happy to provide the background.
One pivotal moment in this story came in 1982 with the Supreme Court’s Plyler v. Doe decision. The Court struck down a Texas law that denied state funds for educating the children of illegal immigrants. In what can only be called judicial activism (read the dissenting opinion), the Court stretched the Fourteenth Amendment’s Equal Protection Clause to argue that denying education to illegal immigrants would unfairly disadvantage them and burden society.
As one Texas lawyer told me, Plyler “created an incentive for illegals to cross the border and then claim sanctuary to parasitize our education system, similar to birthright citizenship incentivizing them to bring pregnant women across the border to give birth on U.S. soil.” (Read “The Question of Birthright Citizenship” by Peter H. Schuck and Rogers M. Smith.)
But Plyler wasn’t the only problem—it just made education an incentive.
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The real culprit here is decades of inaction by both political parties. Neither side wants to fix this mess. Democrats see illegal immigrants as a future voting bloc, and Republicans, bowing to corporate interests, are happy to look the other way to exploit cheap labor.
Universities benefit from all of this—both ideologically and financially. Run by leftists committed to open borders, Plyler—though it doesn’t grant them any legal authority—validates universities’ moral posturing on educating illegal immigrants. With no enforcement to stop them, universities also feel justified in openly defying federal immigration laws, even using legal counsel to find loopholes that help shield illegal students from deportation.
State policies—often written out of necessity because the federal government won’t act—only make things worse by creating an unfair system. In Texas, for example, the DREAM Act allows illegal students to pay in-state tuition—benefits denied to out-of-state Americans. In 2023, New York Governor Kathy Hochul and Mayor Eric Adams turned public universities into migrant shelters, displacing students and raising safety concerns. At SUNY Buffalo, there were reports of sexual assaults tied to the influx of migrants. And who can forget Governor Tim Walz expanding Minnesota’s DREAM Act to offer free tuition to illegal students at state universities?
Universities aren’t just moralizing—they’re cashing in. They rake in taxpayer money for enrolling illegal students and pad their “diversity, equity, and inclusion” numbers, which come with grants and accolades. Meanwhile, American students are left struggling to secure those same benefits while, in many instances, paying top dollar for their education.
Moreover, this unchecked influx has overwhelmed the system. Janet Eyring, an English education expert, has warned that non-English-speaking migrants place massive burdens on schools. Many require years to gain proficiency, and some never do, becoming permanent economic and social burdens.
In most countries, this would be unthinkable. But in America, it’s business as usual. And this week, legacy higher ed media doubled down, condemning Trump’s deportation efforts and stirring panic over potential ICE presence on campuses.
The fearmongering is nothing new. For years, universities and their media allies have spun enforcement of immigration law as an attack on their moral sanctuaries. They frame deportations as cruel and unusual, conveniently ignoring that harboring illegal immigrants is a blatant violation of federal law.
[RELATED: Higher Education Fuels Corporate Profits at the Expense of American Workers]
What’s lost in all the noise is the simple truth: U.S. Code § 1324 clearly prohibits aiding and abetting illegal immigration. By providing financial aid, shelter, and employment to illegal immigrants, universities are undermining the rule of law and daring the federal government to intervene.
This is not about targeting vulnerable people or tearing apart communities. It’s about enforcing laws that have been on the books for decades. When universities openly flout those laws, they invite chaos—turning campuses into untouchable enclaves for lawbreakers.
Deportations aren’t just a legal necessity—they’re a moral one. Illegal immigrants in the education system aren’t just taking spots and resources away from Americans. Many are exploiting loopholes and lenient policies, knowing they won’t face consequences. ICE needs to be on campuses to restore some sense of order.
This problem isn’t going away. If Congress doesn’t penalize schools that openly defy immigration law, the system will continue to spiral out of control. (Read National Association of Scholars’ “America’s National Interest.”)
For too long, universities have hidden behind a moral façade while playing a dangerous game with the law. It’s time to end the charade and enforce accountability—because no institution, no matter how sacred it claims to be, is above the law.
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Image: “Protesting ICE and Deportation Raids Chicago Illinois” 7/13/2019 by Charles Edward Miller
This article was originally published at www.mindingthecampus.org
