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Undocumented students could be denied enrollment in Tennessee public schools under new legislation introduced by Republican state lawmakers in a direct challenge to current federal law.
The bills are set for debate in the House Education Committee and the Senate Finance, Ways and Means Committee this week, where lawmakers could vote to advance the legislation for further consideration.
Both bills are unconstitutional under the U.S. Supreme Court’s 1982 decision in Plyler v. Doe, the sponsors of the legislation acknowledge. That decision held that students have a right to a free public education regardless of their immigration status. If passed, the Tennessee legislation could become a test for the conservative-leaning Supreme Court to revisit the decision amid a broader crackdown on illegal immigration by the Trump administration.
The administration is also seeking to nullify a provision of the U.S. Constitution that guarantees U.S. citizenship to all people born in the United States.
The Tennessee legislation has already faced strong opposition. Hundreds gathered at the Tennessee Capitol earlier this month, shutting down proceedings when the bill advanced out of subcommittee.
What the bills say, and their potential impact
The House bill, from Republican Rep. William Lamberth of Portland, would allow public schools to refuse to enroll students who are “unlawfully present” in the United States.
“This gives an option to the local districts to require proof of citizenship, just as they require proof of residency or immunizations,” Rep. Lamberth said during an earlier debate.
The Senate bill, introduced by Republican Sen. Bo Watson of Hixson, differs from Lamberth’s, and would require public schools to verify a student’s legal status before enrollment. Students would need to provide documents showing that they are U.S. citizens or legal residents, or are in the process of obtaining citizenship.
If a student cannot provide this documentation, then local school districts and public charter schools have the option to charge the family tuition for enrollment, in addition to whatever taxes the family is paying to help fund public schools. That charge would be at least the state base per-pupil funding amount — $7,075 this school year — but no more than the total average cost per pupil each school year, which was most recently $8,959.
If undocumented students do not pay tuition, school districts could choose to bar them from enrollment.
“I am willing to stand here and take the slings and arrows, the criticisms and the name calling, because I have the responsibility to the financial oversight of our state,” Sen. Watson said.
He said the current cost of educating undocumented students is unknown, as schools do not report immigration statuses of students to the state. But the fiscal impact of this legislation is uncertain, according to a state analysis. The law could increase local revenue through collecting tuition — but because it defies federal law, it could also jeopardize federal funding to state and local governments.
A bill similar to Watson’s that would have required districts to charge tuition for undocumented students failed last week.
Opponents press lawmakers to reconsider
Ruby Aguilar, a public school educator and daughter of Salvadoran immigrants, testified against the Senate bill. She said education is not a privilege, but a human right.
“How would you explain this injustice to the students who come into empty classrooms because their peers can no longer attend school with them?” Aguilar said. “I wish you could spend just one minute of your day with my students, and gauge just a snippet of all the potential and possibilities for the future of Tennessee. You will realize that we cannot and must not stand by and let this happen.”
Damian Felipe Jimenez, a sixth grader from Knoxville who identified himself as the son of immigrant parents, testified against the House bill earlier this month. He said that his favorite subject is science and that one day, he hopes to own a restaurant.
“We have the right to dream and make those dreams come true,” he said. “We deserve respect and compassion. Before you make your choice, I ask of you all to think about how this could change our lives.”
The legislation is still working its way through the committees in each chamber. For it to become law, the language of the bills would need to be reconciled. Rep. Lamberth told reporters earlier this month that he and Sen. Watson are working to combine their bills.
Both lawmakers also acknowledged that their bills are unconstitutional. Legal challenges could block the legislation down the line.
You can follow the progress of the bills on the legislature’s website.
