This is currently being ironed out.. I presume you are talking about the 14th amendment which was intended to protect newly freed slaves, not illegal invaders who come into the USA illegally breaking our laws.
- Yick Wo v. Hopkins (1886): Ruled that the Equal Protection Clause protects non-citizens (in this case, Chinese immigrants) from discriminatory state laws.
- Plyler v. Doe (1982): Held that illegal immigrant children are entitled to public education because the Equal Protection Clause covers all persons in a state’s jurisdiction.
The issues that this is causing:
- States and local governments bear much of the cost of services like schools, hospitals, and policing.
- When large numbers of illegal immigrants invade, these systems can become strained.
- Legal residents and citizens may feel resources are diverted away from them — which fuels political and social tension.
- Many state and local attempts to restrict services to illegal immigrants run into conflict with Supreme Court precedent (Plyler v. Doe, 1982).
- Lawsuits are filed, often resulting in injunctions, which keeps courts tied up.
- Until the Supreme Court revisits Plyler or Congress changes federal immigration law, states have limited options.
Federal immigration enforcement and asylum law are also under pressure because of the damaging effect this has had on our judicial system, hospitals, schools, public services, and society.
- Constitutional side: The 14th Amendment says protections apply to any person in U.S. jurisdiction. Courts have interpreted this to include illegal immigrants.
- Policy side: Many Americans worry that this incentivizes illegal immigration, strains public services, and creates unfair burdens on citizens.
Until
Plyler v. Doe is overturned (or Congress redefines federal law), states remain bound to provide certain basic rights and services to illegal immigrants, even if that creates serious issues.