Tennessee bill would allow schools to refuse to enroll unauthorized immigrants
Shannon Coan
Tennessee Republican lawmakers want to allow schools to deny enrollment to unauthorized immigrant students — a move that would directly challenge a long-standing U.S. Supreme Court decision.
The proposed legislation would allow Tennessee schools to refuse to enroll a student "who is unlawfully present in the United States." It does not require school districts or charter schools to deny enrollment, so if the bill became law, the implementation could vary across the state.
The bill's sponsor, state Sen. Bo Watson, R-North Chattanooga, said the intention is to have dialogue about the funding challenges that unauthorized immigration creates for K-12 schools, as well as to give local governments the ability to make some decisions around it.
"I recognize that this is a sensitive and difficult conversation," he said in a video interview. "This is not about any particular group. This is about a funding mechanism that would appear to be on an unsustainable path and a federal government that has had a difficult time at addressing our immigration issues, particularly our illegal immigration issues, and a Supreme Court decision some 40 years ago, that was a 5-4 decision, that puts pressure back on the states to financially sustain and support their decision."
The bill was filed Tuesday by House Majority Leader William Lamberth, R-Portland, and Watson. Fifteen Republican lawmakers are co-sponsoring the bill, including state Rep. Greg Martin, R-Hixson.
(READ MORE: How immigration enforcement has changed under Trump, in Tennessee and beyond)
It was very alarming to see a local state senator sponsor this bill, said Lily Sanchez, the communications and development manager at La Paz, a Highland Park-based nonprofit that serves the local Latino community.
"We feel that the legislation in itself is promoting an anti-immigrant narrative that we simply do not believe most Chattanooga constituents agree with," she said by phone. "We are a welcoming city, a welcoming state, and this legislation is attempting to communicate otherwise."
She said it was inhumane to deny any student access to an education.
Plyler v. Doe guarantees all school-aged children, regardless of immigration status, a right to a free public education.
The 1982 Supreme Court case was based on a Texas law allowing school districts to charge tuition to students who were not "legally admitted" to the country. In a 5-4 vote, the court decided that unauthorized immigrant children were entitled to the 14th Amendment's equal protection clause and could not be deprived of an education.
The current discussion is not unlike the one that was had when Plyler was decided, Watson said.
"The difference is we have a Trump administration that has been elected overwhelmingly to address this issue," he said. "We also have a Supreme Court that views the roles of federal government different than the court did back in the 1980s, and all of those things together combined for an environment where this kind of discussion probably needs to be had."
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Watson and Lamberth's proposed legislation is the second bill filed by Tennessee lawmakers this year that seeks to challenge the court's decision.
A bill filed by state Rep. Gino Bulso, R-Brentwood, and state Sen. Joey Hensley, R-Hohenwald, in January would, among other things, require parents or guardians of children who are unable to provide documentation proving their legal status to pay the same tuition school districts charge out-of-county students.
Plyler has survived challenges in the past. The court's ruling has seen two major challenges by states, and both were struck down by federal courts, Thomas A. Saenz, the president and general counsel at the Mexican American Legal Defense and Educational Fund, previously told the Chattanooga Times Free Press.
Across the country, other conservative lawmakers are also proposing changes that could undermine Plyler. In Indiana, Republican representatives introduced a bill that would allow school districts to deny enrollment if a "preponderance of the evidence" shows the student is unlawfully in the United States. And in Oklahoma, the state board of education approved a rule requiring parents to report their immigration status when enrolling their children in schools. The rule needs to be approved by the state legislature and governor to take effect.
(READ MORE: Tennessee bill would make unauthorized students pay public school tuition)
Watson said what he thinks many are trying to ensure is that Tennessee creates an environment where those here legally can assimilate and become part of the American dream while minimizing unauthorized immigration.
"Every dollar that we spend on someone that is here illegally is a dollar we take away from someone who is here legally," he said.
He pointed to a resolution by the Rutherford County school board calling on state lawmakers and the governor to "advocate for the current administration to expedite the closure of our nation's borders," as well as provide additional funding for English as a new language services. The resolution cited the growth of the district's English learner population and the associated costs.
While unauthorized immigrant students for the most part are English learners, the majority of students who receive those services were born in the United States, Delia Pompa, a senior fellow for education policy at the Migration Policy Institute, previously told the Times Free Press.
Claiming that immigrant populations are an economic strain to the state is an unfair statement, Sanchez said. Immigrants, regardless of legal status, pay taxes, including sales and property taxes, which help fund schools.
"We not only believe it would have cultural impact within communities in terms of the division that it could cause," she said, "but we believe that it also would have economic impact in that now we would have segments of a population that are uneducated and do not have access to participate in the workforce and contribute economically to our city."
Although the exact number of unauthorized immigrant students is unclear — schools do not typically ask about immigration status — the Migration Policy Institute estimates there are 10,000 unauthorized children enrolled in schools in Tennessee.
Senate Democrats called the proposed legislation cruel and unconstitutional.
"Every child, no matter their background, deserves a public education," Senate Democratic Leader Raumesh Akbari, of Memphis, said in an emailed statement. "Immigrant families are part of the backbone of our communities. They start businesses, contribute to our economy and add to the rich culture of our state. This bill doesn't just undermine our values — it puts a target on the backs of children, punishing them for political gain."
Contact Shannon Coan at scoan@timesfreepress.com or 423-757-6396.
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2025-02-06T02:00:00.0000000Z
2025-02-06T02:00:00.0000000Z
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