Senate Passes Bill to Allow Schools to Bar Undocumented Students

A bill that would allow school boards to prohibit undocumented students from enrolling in public schools — one of the most divisive bills of this legislative session — passed the Senate on Thursday. 

The Republican-led bill (HB 793/SB 836) would permit local school boards in Tennessee to deny enrollment or charge tuition to children who cannot provide documents that establish their legal immigration status. The legislation has been met with fierce opposition from Democrats and some Republicans and resulted in in numerous protests at the Capitol in recent months.

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Protester Arrested as Lawmakers Debate Bill Targeting Undocumented Students

Legislation heading for Senate floor following discussion of its financial impact

Much of Thursday’s Senate debate included members of both parties saying the legislation goes against the teachings of the Bible and will negatively impact children. 

Sen. Ferrell Haile (R-Gallatin) was one of several Republicans who crossed party lines to oppose the bill. “I believe that we are punishing children for the wrongdoing of their parents,” Haile said. “I don’t think that’s the proper way to do this.” 

Sen. Page Wally (R-Savannah) also spoke against the bill, citing the harm it could cause students. “Children should not be a part of this policy debate,” Wally said. “They should not be caught in the crossfire.”

Supporters of the bill say it will save Tennessee money, though no evidence has been shown that it will. Opponents argue that undocumented families already pay into public schools through sales and property taxes. Undocumented families in Tennessee pay $900 million in tax revenue annually, according to a report from the American Immigration Council.

The bill’s Senate sponsor Sen. Bo Watson (R-Hixson) said that while the federal immigration system needs to be reformed, he thinks it’s the responsibility of states to take action when it has a fiscal impact. 

“This debate … is the part of the fabric of a larger debate that this country is engaged in when it comes to immigration, particularly illegal immigration, which is the result of decades of enforcement and purposeful underenforcement,” Watson said. “I ask for your support of this legislation on a financial basis and to protect the fiscal interest of our state.”

Sen. Charlane Oliver (D-Nashville) said the legislation could worsen poverty, homelessness and crime in Tennessee and is unfair to students whose families cannot afford tuition.

The legislation poses a challenge to Plyler v. Doe, a 1982 U.S. Supreme Court decision upholding the right to public education for students regardless of immigration status.

Earlier this week, more than 240 Tennessee pastors, Christian leaders and faith-based organizations issued a letter urging legislators to vote against the bill. The Tennessee Small Business Alliance has also condemned the legislation, calling it “fiscally irresponsible.”

The bill is set to be heard in the House Finance, Ways and Means Subcommittee on April 14.