Bill Text: NJ AR20 | 2026-2027 | Regular Session | Introduced

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

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced) 2026-01-13 - Introduced, Referred to Assembly Oversight, Reform and Federal Relations Committee [AR20 Detail]

Download: New_Jersey-2026-AR20-Introduced.html

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ASSEMBLY RESOLUTION No. 20

STATE OF NEW JERSEY

222nd LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

 

 

Sponsored by:

Assemblyman PAUL KANITRA

District 10 (Monmouth and Ocean)

 

Co-Sponsored by:

Assemblymen Peterson and Myhre

 

 

 

 

SYNOPSIS

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

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Assembly Resolution urging federal action in matters relating to the education of illegal alien school children.

 

Whereas, 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; and

Whereas, Illegal aliens often do not pay their full tax responsibility; and

Whereas, The United States Supreme Court determined in San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973) that education is not a fundamental right afforded explicit or implicit protection under the United States Constitution; and

Whereas, The court appears to have later contradicted itself by ruling in Plyler v. Doe, 457 U.S. 202 (1981) that states and local school districts cannot limit the use of state funds for education to United States citizens or legally admitted aliens; and

Whereas, While the Texas law at issue in Plyler v. Doe permitted United States citizens and legally admitted aliens to attend the public free schools of the district, it did not explicitly prohibit illegal alien school children from attending public school; and

Whereas, Under the Texas law, a school district could require illegal alien school children to pay a tuition fee to support the student's education, similar to the tax dollars paid by parents of students who are United States citizens and legally admitted aliens; and

Whereas, Chief Justice Burger's dissent in Plyler v. Doe aptly acknowledged that the "Equal Protection Clause does not mandate identical treatment of different categories of persons" and that the state of Texas had legitimate reason to differentiate between lawfully admitted persons and illegal aliens; and

Whereas, Ultimately, the decision in Plyler v. Doe wrongly removed from states their constitutionally reserved powers under the 10th Amendment to the United States Constitution to govern in the area of education; and

Whereas, The 10th Amendment provides that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and

Whereas, Individual states, through the election of local representatives, are best suited to determine the financial and educational needs of their state and citizenry; and

Whereas, Article I, section 8 of the United States Constitution gives the United States Congress the authority to constitute Tribunals inferior to the United States Supreme Court; and

Whereas, Article III, section 2 of the United States Constitution provides the United States Congress with the authority to limit and regulate the United States Supreme Court's appellate jurisdiction; now, therefore,

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    This Houses urges the United States 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.

 

     2.    This House, in the absence of Congressional action to remove jurisdiction from 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, urges the United States Supreme Court to overturn its erroneous decision in Plyler v. Doe and reaffirm a state's constitutionally protected right to govern its citizenry in the area of education.

 

     3.    Copies of this resolution, as filed with the Secretary of the State, shall be transmitted by the Clerk of the General Assembly to the presiding officer of each House of each state legislature, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of New Jersey's Congressional delegation.

 

 

STATEMENT

 

     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