This Note discusses how Missouri’s exclusion of in-state tuition and state scholarship funding affects DACA students and concludes the Missouri legislature’s proposal violates the Fourteenth Amendment’s Equal Protection Clause. Part II explores the DACA program and its effects on both DACA individuals and society; it then lays out Missouri law on higher education benefits, both prior to and after the passage of HB 3 and SB 224. Next, Part III details the process used to evaluate equal protection claims based on immigration status. Part IV scrutinizes the legislation under equal protection case law, ultimately concluding in Part V that HB 3 and SB 224 violate the U.S. Constitution and deprive DACA students, such as Sanchez, of their right to equal protection of the law.
“Show Me” Your Legal Status: A Constitutional Analysis of Missouri’s Exclusion of DACA Students from Postsecondary Educational Benefits,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss2/12