Bill that could bar undocumented students passes TN Senate 19-13 with 7 GOP ‘no' votes
NASHVILLE, Tenn. (WJHL) — Tennessee's full Senate has passed a Republican-sponsored bill that allows public school systems to require undocumented children to pay tuition or be denied enrollment — and requires all school systems to check the citizenship or legal immigration status of every student.
The controversial measure received a significant amount of Republican opposition in addition to total Democrat opposition, but it was not enough in a chamber with a 27-6 supermajority. Opponents claimed the bill would create a law that doesn't make sense either financially or morally and would punish innocent children.
PREVIOUS: Undocumented student bill passes 8-7 in TN House committee
Sponsored by Bo Watson (R-Hixson), SB 0836 still requires House of Representatives passage and the signature of Gov. Bill Lee to become law.
The vote was 19 to 13 for a bill that, if it does become law, is almost certain to face legal challenges. The 1982 Plyler v Doe U.S. Supreme Court ruling gave all children in the U.S., including those without legal status, the right to a free K-12 public education.
Seven Republicans joined the Senate's six Democrats in opposition to the measure — with at least one quoting scripture to explain why he didn't support it — but that was not enough to tilt the balance. The measure has drawn national attention, and a variety of people have spoken in opposition during committee meetings as the bill has worked its way toward the full Senate.
Republican 'no' votes came from Richard Briggs (Knoxville), Todd Gardenhire (Chattanooga), Ferrell Haile (Gallatin), Becky Massey (Knoxville), Mark Pody (Lebanon), Shane Reeves (Rutherford County) and Page Walley (Savannah).
Proponents have argued that the country's illegal immigration problem has worsened significantly since 1982. They've said school systems' spending on English Language Learner (ELL) classes has risen exponentially and have used that spending to approximate what they believe to be a similar rise in undocumented students.
They have said charging tuition would allow school systems to recoup some of the money they are assumed to be spending to educate children who aren't here legally.
Opponents have said the bill is inhumane, unconstitutional and would financially burden school systems by forcing them to develop systems to accurately determine children's legal status. They've also said it could result in an 'underclass' of people without an adequate education and workforce-ready skills, ultimately costing the state more money.
Speaking after Republicans Ferrell Haile and Page Walley, who both said they would oppose the bill, Memphis Democrat Sarah Kyle said she 'would encourage my colleagues to vote their conscience, and I hope it leads you to where it has led me.'
The bill would allow families who don't initially provide the proper documentation to file an appeal, and their children would be allowed to attend during a 21-day appeal process. Additionally, every school system has the option to allow all students to enroll even if they are undocumented. Watson stressed that fact, calling it a 'permissive bill,' one that leaves school systems with local control over the matter.
Area senators Rusty Crowe, who is a co-sponsor, and Bobby Harshbarger both voted yes. Crowe said he had struggled with the bill to some extent, adding that many of the families it could affect are good people trying to better their lives.
But Crowe said because the bill allows people who are officially seeking legal status to enroll, families 'could go down to legal aid and say … I want to start the process. How do I do that? Give me the paperwork. And then you're complying with the amendment.'
This is a developing story.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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