Under Trump, immigration arrests at school could be a step too far for some Tennessee conservatives
High school students from across Tennessee pose on the steps of the State Capitol with Sen. Todd Gardenhire, Gov. Bill Haslam, and Rep. Mark White, all Republicans, on March 13, 2018. Brought to Nashville by the Tennessee Immigrant & Refugee Rights Coalition, the students met with lawmakers and lobbied for a bill to give them access to in-state college tuition, regardless of their immigration status. The bill did not pass. (Courtesy of the State of Tennessee)
(This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters)
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State Sen. Todd Gardenhire is a conservative Tennessee Republican who credits his anti-abortion stance and support of gun rights for his recent reelection to a fourth term.
In recent years, he's fended off attempts to tighten the state's lax gun laws, pushed for a state law to curb 'implicit bias' training for educators, and supported a border crackdown to keep people from illegally crossing into the United States.
But when it comes to the children of people who came to the country illegally, the Chattanooga Republican is a bit of an outlier, even as many in his party are cheering President Donald Trump's aggressive push against illegal immigration.
Since taking office in 2012, Gardenhire has sponsored several bills to try to give all Tennessee students access to in-state college tuition, regardless of their immigration status. A supporter of private school vouchers, he voted 'no' on Gov. Bill Lee's limited 2019 voucher plan because he didn't like how it excluded undocumented students from participating.
We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school.
– Sen. Todd Gardenhire, R-Chattanooga
This year, he's sponsoring a bill to exempt school-based officers from a new state law that requires law enforcement agencies to alert federal immigration authorities if they discover people are in the United States illegally.
'When you look at the Old Testament, it's clear: Scriptures say you don't punish children for what their parents did,' Gardenhire said.
'We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school,' he added. 'School should be a safe place to learn and be educated.'
Gardenhire is among some Republicans who believe that the schoolhouse door is a step too far for any measures aimed at mass deportation.
It's an issue that could divide the GOP over whether to shield school communities or go all out on immigration enforcement, as Trump's administration takes steps to deliver on his campaign promises.
Hours after the new president took office, the U.S. Department of Homeland Security rescinded a 30-year policy preventing immigration agents from making arrests in or near 'sensitive' areas like schools, churches, and hospitals. Instead, an agency memo instructs its agents to use 'common sense' in carrying out their duties.
Depending on how it plays out, the change could affect every school in America — and shift public opinion on Trump's immigration agenda.
'This isn't just about immigrant families,' said Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition.
'It will affect students who are worried about their classmates and friends, teachers who are worried about their students, and citizens who are worried about their neighbors,' she said.
Her organization believes that enforcing immigration laws by making arrests in or near schools and children would be traumatic and distracting for all students and teachers.
'I think there will be immense pushback from the public, and it could be a step too far for conservative Republicans, too,' said Sherman Luna.
Nationally, an estimated 4.4 million U.S.-born children have at least one parent who is not in the country legally, and an estimated 733,000 school-age kids are undocumented themselves. In Tennessee, an estimated 12,000 school-age kids are undocumented.
While most Americans say they support deporting immigrants who are in the country illegally, many are uncomfortable with using harsh measures to accomplish that goal, according to an Axios-Ipsos poll this month. For instance, most don't favor expedited removals that separate families, or deportation for immigrants who came to the U.S. illegally as children, the poll says.
The Trump administration's quick moves on immigration have both the public and policymakers trying to understand the complexities of mass deportation. The new president's policies appear to be aimed at all people who are in the country illegally, not just those who commit crimes while in the U.S.
This week, the Justice Department ordered U.S. attorneys to prosecute local officials who refuse to help the Trump's administration carry out the president's immigration agenda.
Tennessee Gov. Bill Lee has called the legislature into a special session on Jan. 27 to take up immigration enforcement and other issues, including his statewide private school voucher proposal. This week, the Republican governor and GOP leaders unveiled a package of bills that, among other things, would appoint a state-level immigration enforcement officer and make it a crime for public officials to resist new federal and state immigration policies.
Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing.
– Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition
Advocates for immigrant families hope that conservative elected officials like Gardenhire will continue to support them on education matters in a state where Republicans hold firm control on government at most levels.
The 76-year-old Gardenhire — sometimes gruff, sometimes poetic — has become an unlikely ally of one of Tennessee's most historically underserved student groups. His district includes most of urban Chattanooga, but also the rural counties of Bledsoe, Marion, and Sequatchie.
'Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing,' said Sherman Luna.
Ten years ago, when she was a policy director for the state's oldest coalition for immigrant rights, Sherman Luna worked with Gardenhire on the in-state tuition bill. It passed in the Senate but came up just short of the votes needed in the House.
'He's got a big heart for immigrant families,' said Sherman Luna. 'He understands not only the humanity of these children and families, but also that the success of Hamilton County depends on our ability to educate students so they can graduate and become successful contributors to their communities.'
The Tennessee Sheriffs' Association supports Gardenhire's proposal to exempt school resource officers from the new law requiring law enforcement agencies to help federal authorities identify, detain, and deport people who are in the country illegally.
'The goal of a school resource officer is to keep schools safe and to build trusting relationships with students and faculty,' said Jeff Bledsoe, the association's executive director. 'Children shouldn't be afraid of their SROs.'
As for Gardenhire, he's studying how the new politics of immigration might affect his bill — while also reflecting deeply on his religious, moral, and economic principles.
Labeled a RINO — or Republican in name only — by far-right conservative groups, he describes himself as an old-school Reagan Republican, a 'fixer' with an independent streak. Lt. Gov. Randy McNally, in reappointing Gardenhire this month to chair the Senate's powerful judiciary committee, called him a 'strong conservative who understands the need for a tough-on-crime approach.'
'People can differ with me on these matters, and I respect that,' Gardenhire said regarding his advocacy for the children of immigrants at risk of deportation.
'I just feel called to work to educate as many children as possible, no matter who they are and what their backgrounds are, and to protect them,' Gardenhire said. 'On Judgment Day, all of us will have to answer to somebody on how we treated the little children.'
Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.
Chalkbeat is a nonprofit news site covering educational change in public schools.
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