The Tennessee House of Representatives passed three bills Monday in an attempt to crack down on illegal immigration.
Among the Republican-sponsored bills are legislation that would track the immigration status of K-12 students, formally make it a crime to be an undocumented person in Tennessee, and require state and local governments to verify the citizenship status of potential employees. State Republicans announced a slate of bills targeting immigration — crafted with the help of the White House — at the start of this year’s session.
Immigrant rights advocate calls Republican-backed legislation ‘more of the supermajority’s anti-immigrant agenda’
House Bill 793/Senate Bill 836, which would require the state’s public schools to track the immigration status of students and report the information to the Tennessee Department of Education, was first introduced last year as a bill that either would ban undocumented children from attending public schools in the state or charge their families tuition. The proposal sparked numerous protests and opposition from both Democrats and Republicans, many of whom said the legislation would challenge Plyler v. Doe, a 1982 U.S. Supreme Court ruling that guaranteed the right to public education for all children regardless of immigration status.
While this version of the bill passed in the Senate, it was ultimately stalled by its sponsor House Majority Leader William Lamberth (R-Portland) due to its potential to endanger $1.1 billion in federal funds. Lamberth returned to the bill this session, tacking on an amendment that essentially scrapped all of the aforementioned provisions and requires schools only to track and report immigration status.
“Data and facts are never something that we should be afraid of,” Lamberth said during Monday’s House floor session. “When we have all of the data at our fingertips to be the voice of our districts, to be able to make decisions that are in the best interest of Tennessee, we're able to make better decisions.”
Lamberth has said the data would not be tied to individual students, with identifying information like names and addresses to be omitted when reported to the state. Even so, the legislation is vehemently opposed by Democrats, who made several unsuccessful attempts during Monday’s House floor session to add amendments that would allow parents or school systems to opt out.
Democrats cited concerns that data would be used to target immigrant communities, and that the bill is a continued effort to challenge Plyler v. Doe. Some also referenced a recent report from the Immigration Research Initiative, which found that the legislation could cost Tennessee school districts approximately $55 million. However, the state’s analysis shows a “not significant” fiscal note.
“This is unnecessary — it's cruel, and it's utterly shameful that we're even debating this legislation today,” said Rep. Justin Jones (D-Nashville). “Every child has a right to an education regardless of immigration status. ... But what this bill is doing now is trying to surveil them and create an atmosphere of surveillance and fear in our school districts.”
Legislation would shield names and identifying information of law enforcement officers involved in immigration enforcement
The bill passed 70-25 in the House on Monday, with three Republicans — Rep. Jody Barrett (R-Dickson), Rep. Charlie Baum (R-Murfreesboro) and Rep. Michael Hale (R-Smithville) — opposing it.
In a rare move, the House Democratic Caucus announced last week that it has taken a caucus position against the slate of immigration bills, meaning every member of the caucus has pledged to vote against the measures.
While the previous version of the bill was approved by the Senate last year, the newly amended legislation must be considered by the chamber again before it heads to the governor’s desk for a signature.
Despite the lack of Democratic support, Tennessee’s Republican supermajority allowed the House to pass another Lamberth-sponsored immigration bill, which would criminalize the act of being an undocumented person in Tennessee. This would make it a class-A misdemeanor for anyone 18 or older to be undocumented or attempt to enter the state following a final order of removal.
The House also approved legislation that would require state and local governments to verify the U.S. citizenship status or work authorization status of prospective employees. The bill allows the state attorney general’s office to penalize local governments that do not comply by withholding state funds.
Having secured House approval, the two bills are set to be heard in Senate committees in the coming days and weeks while continuing to face pushback from state Democrats.
“While families across Tennessee are struggling to afford groceries, rent, and health care, Republicans are pushing a divisive agenda written by extremists in Washington,” Tennessee Democratic Party Chair Rachel Campbell says in a release.
“These bills attempt to push the boundaries of federalism by creating a state-level immigration enforcement apparatus long championed by Stephen Miller and his allies. Democrats are standing united against these attacks. We are so proud to stand in lockstep with our House Democratic Caucus as they remain wholly united in opposition to this discriminatory slate of bills.”
This article was first published by our sister publication, the Nashville Post.
