NASHVILLE, Tenn. (WKRN) — A new bill filed in the Tennessee General Assembly would allow schools the option to opt out of enrolling undocumented students, challenging a decades-old Supreme Court decision.
House Majority Leader William Lamberth (R-Portland) and Senate Finance Chair Bo Watson (R-Hixson) filed the legislation on Tuesday, Feb. 4. House Bill 793 would challenge Plyler vs. Doe, which is a 1982 U.S. Supreme Court ruling that gave undocumented children the right to a free, public education.
“Students have been allowed to attend our schools regardless of their immigration status, and this is a really egregious step in trying to erase decades-old case law that allows students to go to schools and get the education that they deserve and that gives back to their communities,” said Lisa Sharman Luna, who is the Executive Director of the Tennessee Immigration and Refugee Rights Coalition.
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The bill comes on the heels of a special session where lawmakers passed a controversial immigration bill, which will create criminal penalties (Class E felony) for officials who adopt sanctuary policies.
“Our education system has limited resources, which should be prioritized for students who are legally present in the country,” said Watson. “An influx of illegal immigration can strain LEAs 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.”
Earlier this month, the Rutherford County school board passed a resolution urging Tennessee leaders to “expedite the closure of the nation’s borders.” The board claimed that the increasing numbers of ESL students were creating “exceptional financial pressures on school systems.”
“It is really hard on a child to learn at a certain age that they are not welcomed, that they are not accepted into schools, can you imagine telling a child that you have to pull them out of class because their school no longer wants them? Tell that to a 6 or 7-year-old,” Sherman Luna said. “Imagine your child asking why their teammate is not playing with them anymore. That’s not the Tennessee we believe in. Together with our members and educators across the state, we will fight for our children’s freedom to learn and for our vision of a Tennessee where everyone can belong.”
Senate Democratic leadership responded to the bill Tuesday, calling it “unconstitutional” and “prejudiced.”
“House Bill 793 isn’t just cruel—it’s unconstitutional. This isn’t a policy proposal; it’s a lawsuit, designed to deny children their right to an education and waste taxpayer dollars. Every child, no matter their background, deserves a public education,” said Senate Democratic Leader Raumesh Akbari.
“This bill doesn’t even try to hide its prejudiced intent. Like school vouchers, which were designed in response to desegregation, this legislation cherry-picks which students deserve opportunity,” added Senate Democratic Chairwoman London Lamar. “We’ve seen this before, and we won’t let them drag us backward. Instead of dividing and punishing, we should be investing in all children, strengthening schools, and ensuring every child—regardless of background—is prepared to thrive.”
According to the Migration Policy Institute, there are approximately 10,000 undocumented school-aged children enrolled in public schools across Tennessee.
