Have you ever been so passionate about something you made it your life’s work?

For Dr. David Powell, Trinity Valley Community College (TVCC) History and Government Instructor, that is exactly what happened. 

When he was in graduate school, he wrote his dissertation on the 1977 federal court case of Plyer vs. Doe, a Tyler based case, after learning about Judge William Wayne Justice, who presided over the case.

Now he wants to write a book about the legal significance of the case.

“I heard in law school about William Wayne Justice who was a well-known federal judge in Tyler who presided over many important cases in the 1970s,” Powell said. “I became interested in him as a historical figure and in the cases that he had decided. I read about his life and read over four-or-five cases that had a big impact on Texas and Texas history.”

During a time of political unrest and change, Justice’s rulings were often contrary to traditional views. His rulings in cases on the Texas prison system, the juvenile justice system and desegregation in the 70s made him a controversial and infamous figure in Texas legal history.

“Texas passed a law in 1975 saying no state funds would be used to pay for children who were not legally admitted to go to school,” Powell said. 

The students were not entitled to go, but it was up to individual school districts how they interpreted the law. The law allowed school districts to charge illegal immigrants up to $1000 to attend school.

“Tyler ISD charged a $1,000 tuition fee and four Mexican immigrant families brought a class action lawsuit and took the school district to court. It was a brief trial and Judge Justice ruled against the school district and the state. His ruling only applied to Tyler ISD.”
Justice declared the law unconstitutional and ruled that it violated the 14th Amendment’s Equal Protection Rights of the students. He was accused of sighting on behalf of illegal immigrants, without considering how much it might cost.

The Mexican American Legal Defense and Educational Fund then got involved and filed the suit at the federal level on behalf of the families against Tyler ISD Superintendent James Plyer because of the tuition fee that the school charged the families.

The case was appealed to the Supreme Court, where they upheld the decision and ruled that  students are entitled to free public education anywhere in the United States.

The Plyler vs. Doe case found that a state cannot prevent children of undocumented immigrants from attending public school, unless a substantial state interest is involved. A substantial state interest would include things like the protection of public health and safety. These are things that are considered necessary or essential for a government to do, rather than optional.

The issue of immigration and education are ones that hit home for Powell, since his wife is a Mexican immigrant. Powell has also taught in Mexico and witnessed both sides of the immigration debate.

“I know this affected students I have worked with or taught in the past,” he said.

Because of his personal experience with students on both sides of the border, Powell decided he needed to look more into the topic of immigration and education for illegal immigrants. That led to his desire to write a book.

“I was interested in the political and cultural ramifications of this issue. As this case was beginning in Tyler’s federal court, President (Jimmy) Carter was recommending an overhaul of the immigration laws. He was recommending sanctions for people who employed illegal immigrants,” Powell said.

Illegal immigrants and their education is still a topic of discussion among politicians and citizens nearly 40 years later with no clear answers.

With his vast experience on this topic, Powell has considered bringing this topic as a lecture in his classes. 

With the issue still being debated nationwide, Powell said he is considering discussing the idea of citizenship in his United States Government class.

Powell says he will consider himself a historian once he finishes his book. Reaching that goal is a big priority for him.

“I am anxious to turn this into a book and focus on the importance of this case in terms of legal history,” Powell said. “If I can turn this into a book about Plyler and this case, I will feel like I have completed my goal and will be able to move on to other topics.”

Powell received his Juris Doctor degree from the University of Texas School of Law and a master’s degree in history from the University of Texas at Tyler. He practiced law for a brief time, and taught at North Central Texas College, before joining the faculty at TVCC in 2017.