Key Tennessee committee passes bill that could bar undocumented kids from schools
A key Tennessee House committee on Wednesday approved a bill that would allow schools to block undocumented children from enrollment, one of the most controversial measures of the 2025 legislative session.
For some Republicans, the legislation has emerged as an avatar of the frustration with what they call a broken immigration system across the country. The bill's sponsors have admitted the state would likely be quickly sued over the legislation if it becomes law.
The bill's sponsors hope to trigger a critical legal battle to potentially challenge a longstanding U.S. Supreme Court precedent that all children have a right to access public education.
Education advocates and Democrats sharply criticized Republicans for targeting children in their effort to make a statement on immigration issues and elevate a legal case before the current conservative Supreme Court.
'We should not put our children – the least of us, those who cannot do for themselves – in the middle of an adult battle,' said Rep. Sam McKenzie, D-Knoxville. 'This is a bully bill doing just that.'
House Majority Leader William Lamberth, R-Portland, is sponsoring the legislation and argued schools should at least be able to gather data on the number of undocumented students in their student population. Under current federal law, schools cannot ask for citizenship documentation.
"Each [school system] should be able to make the determination on their own as to whether or not they wish to check the immigration of the student who is trying to enroll in that school," Lamberth said.
The Education Committee chair called for an abrupt vote Wednesday night after a handful of audience members stood and began singing the song, "Jesus Loves the Little Children." Two Democrats on the committee said they couldn't even hear the call for the vote, but their voting terminals lit up and they quickly cast the vote.
The bill passed on an 11-7 vote, drawing Republican opposition from the committee chair, Rep. Mark White, R-Memphis. Rep. Charlie Baum, R-Murfreesboro, and Rep. Tim Hicks, R-Gray, also voted against the legislation with the committee's three Democrats.
Republican lawmakers quickly left the committee room after the vote while dozens of protestors stomped and clapped, shouting "Every student counts."
In the amended version of HB 793, schools could choose to require all students to prove legal citizenship or immigration status, but schools do not have to require the documentation.
Schools could also block students without legal status from enrolling or choose to charge those students tuition to enroll in the school.
The amended bill appears to align with a Senate amendment that was supposed to be heard on Tuesday. The Senate bill was delayed and won't be heard until next week.
Nashville resident Karla MacIntyre testified against the bill, telling lawmakers she grew up in Tennessee as an undocumented child after her mother, a domestic violence survivor, 'had the courage to immigrate to the U.S. to give her two daughters a chance at survival.'
MacIntyre, who later graduated high school and earned two higher education degrees, noted her mother would not have been able to afford tuition for her if this bill had passed during her childhood and her local school chose to charge students. MacIntyre praised the Tennessee educators who encouraged her to work hard and strive for success.
'These diplomas are a testament to the importance of education in shaping our future and helping the growth of our state,' MacIntyre said.
Jenny Mills McFerron from EdTrust Tennessee also testified against the bill, warning lawmakers of the downstream effects of denying children an education.
'What happens when thousands of children are locked out of classrooms? What would it look like if there were thousands of children in our communities who never learned how to read?' McFerron asked.
Republicans who support the measure have repeatedly said local schools shouldn't have to bear the costs of educating children without legal immigration status, citing rising rates of English as a second language instruction in the state.
"We have to get a handle on this moving forward, and I don't see another trigger here unless we challenge Plyler v. Doe in court," said Rep. Scott Cepicky, R-Culleoka, referencing the Supreme Court case the legislation seeks to challenge.
Still, McFerron noted a large majority of English learners in schools are U.S. citizens, while Rep. Gloria Johnson, D-Knoxville, argued all undocumented immigrants pay into Tennessee's tax structure. The state heavily relies on sales taxes, paid anytime someone buys groceries of pays for gas, rather than an income tax.
"We know that every undocumented immigrant in Tennessee pays all the same taxes and actually gets fewer benefits. They are paying their fair share," Johnson said.
This article originally appeared on Nashville Tennessean: TN committee passes bill that could bar undocumented students
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