Tennessee Republicans file bill to allow public schools to reject undocumented children
Two high-ranking Tennessee Republicans have filed a bill to allow public schools to deny enrollment to children who entered the country illegally, a direct challenge to a long-standing federal precedent that guarantees a right to public education to all children in the United States.
House Bill 793 would allow Tennessee schools to refuse to enroll a child "who is unlawfully present in the United States."
The proposed law doesn't require schools to do so, meaning school districts can still allow enrollments without citizenship or legal residency documentation.
The legislation would almost certainly be legally challenged if passed into law. A statement from the House Republican Caucus said that it is the bill sponsors' specific intent to challenge a 1982 U.S. Supreme Court ruling that enshrined the requirement for American public schools to provide equal access to all children.
House Majority Leader William Lamberth, R-Portland, and Sen. Bo Watson, R-Hixson, filed the legislation on Tuesday.
"Our education system has limited resources, which should be prioritized for students who are legally present in the country,' Watson, chair of the powerful Senate finance committee, said in a statement. 'An influx of illegal immigration can strain (local education agencies) and put significant pressure on their budgets. This bill empowers local governments to manage their resources more effectively and builds upon the legislative action taken during the special session to address illegal immigration at the local level."
Sen. Todd Gardenhire, R-Chattanooga, criticized the effort on Tuesday.
"It saddens me that we pick on children," Gardenhire said. "That's just something we ought not to do here. These kids are brought here by their parents. If you believe in the Bible, as I do, all through the Old Testament it talks about you don't punish children for what their fathers do."
Gardenhire, a conservative who chairs the Senate Judiciary Committee, was sharply critical of immigration policy under the Biden administration and supports cracking down on border access. But he's also opposed GOP immigration enforcement measures that target schools.
This year, he filed Senate Bill 17 in an effort to exempt school resource officers from a 2024 bill that requires law enforcement to alert federal immigration authorities if they discover someone entered the country illegally.
But Lamberth called a "flood of illegal immigrants" an "enormous drain on American tax dollars and resources."
"Our schools are the first to feel the impact,' Lamberth said. 'Tennessee communities should not have to suffer or pay when the federal government fails to secure our borders. Our obligation is to ensure a high-quality education for legal residents first.'
Gardenhire pointed out that undocumented immigrants in Tennessee pay into the state's tax structure, which relies on sales tax rather than income tax to support the state's budget.
"We are a sales tax state, and every person that goes to the 7-11 or grocery stores or gas pump, they pay a sales tax," Gardenhire said. "Just like I do, just like Sen. Watson does."
Immigration is shaping up to be one of the hallmark issues of the 2024 legislative session, as Republicans like Lamberth and Watson have argued the reelection of President Donald Trump represents a mandate on the issue for lawmakers.
"Right now, immigration is the bull market of politics," Gardenhire said. "Everybody is jumping on the bandwagon to be the champion and get bills passed, no matter how worthy they are or unworthy."
Rep. Gino Bulso, R-Brentwood, has filed similar legislation to limit public education access for undocumented students. House Bill 145 would require parents or legal guardians who are not "lawfully residing" in Tennessee to pay tuition and fees to enroll a student in a local school.
Bulso's bill also takes aim at banks, prohibiting financial institutions from transmitting international transfers without verifying immigration status. The bill would also allow the Tennessee Department of Financial Institutions to demand the bank's immigration records at anytime, without a court order.
Legislative Democrats and immigration advocates have decried recent immigration efforts, such as the bill Republicans passed last week during a special session that will criminalize local officials for their votes on sanctuary policies. But the legislative opposition has few tools at their disposal to stop GOP supermajority-backed legislation from passing into law.
Lisa Sherman Luna, executive director of Tennessee Immigrant and Refugee Rights Coalition, reiterated Tuesday that all children in Tennessee have the right to attend public schools, which should "be a place where children learn, make friends and dream about their futures."
"Now, however, extreme politicians are attacking fundamental rights and liberties, and we cannot take anything for granted," Sherman Luna said. "These politicians are scapegoating vulnerable children to divide and distract Tennesseans from their leadership failure. As a Tennessean, and most importantly, as a mother, I want to make this very clear: When you come for our kids, you come for us all."
This article originally appeared on Nashville Tennessean: Tennessee Republicans want to let public schools reject undocument kids
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