(My emphases - M.A.C.).
In the case of Plyler v. Doe, 475 U.S. (1982), spoke of a Texas state law that authorized the education system to determine that children who entered the U.S. illegally would not be able to enroll in Texas public schools. The Supreme Court rejected the position of the State of Texas, which argued that the principle of equality does not apply to illegal aliens, and ruled that the principle of equality applies to every person, including illegal aliens. He added that even if there may be situations in which benefits will be denied to adults who are staying illegally, this is not the case when it comes to children.
- The Supreme Court explicitly stated this in the appeal of Petition/Administrative Claim 9094/07 Astrid Sanchez Foundation v. Ministry of the Interior (Nevo 04.03.13). The Honorable Justice Hanan Melcer emphasized the unique status of these children, and the state's obligation to act towards them in accordance with the principle of the best interests of the child in accordance with its obligations under the Convention (ibid., at para. 13):
"Alongside the attempt to reduce the phenomena related to illegal stay in Israel, the government saw a special need to address the status of the children of illegal aliens, taking into account their special situation. I will explain: The illegal aliens themselves chose to stay in the country after their tourist visa, or work permits, expired, or infiltrated the country - and thus they actively contributed to the situation in which they find themselves. In contrast, their children "found themselves" in Israel, sometimes for long periods and years of special importance for the child's development, and therefore - although they too are legally considered "illegal aliens", it is clear that they should be treated differently - as "captured babies". The different treatment is also required because there are situations in which the tearing of children from the state, at a relatively old age and without them having a real chance of integrating into their country of origin (which is, in some cases, only their parents' country of origin) may sometimes be inconsistent with the Jewish and democratic character of the State of Israel, its commitment to the protection of human rights, or its international obligations to uphold the 'principle of the best interests of the child' ..."