Democrats blast proposal to let school districts refuse to enroll undocumented students
Stock photo of school desks
Senate Democratic Party leaders released a statement Tuesday night attacking newly filed legislation that would authorize school districts to refuse to admit undocumented children.
Senator Raumesh Akbari (Photo by the Tennessee General Assembly)
Senate Democratic Leader Raumesh Akbari, D-Memphis, described the bill as an misguided attempt to challenge the 1982 U.S. Supreme Court Decision in Plyer v. Doe that found states cannot prevent children of undocumented immigrants from attending public school unless a substantial state interest is involved.
“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 Akbai. “Immigrant families are part of the backbone of our communities. They start businesses, contribute to our economy, and add to the rich culture of our state. This bill doesn’t just undermine our values—it puts a target on the backs of children, punishing them for political gain. Instead of manufacturing legal battles, we should be focused on real issues—like fully funding our public schools, keeping teachers in the classroom, and making sure every Tennessee child has the opportunity to succeed.”
House Republican Leader William Lamberth, R-Portland, and Senator Bo Watson, R-Hixson, filed House Bill 0793/ Senate Bill 0836 on Tuesday, following last week’s special session that ended with the passage of immigration legislation that restricts eligibility for a driver license to U.S. citizens and lawful residents, criminalizes local officials who adopt “sanctuary city” policies in violation of state law, and creates a new Centralized Immigration Enforcement Division (CIEO) to coordinate with the Trump Administration on federal immigration policies. That legislation was strongly opposed by immigrant rights groups in Tennessee.
Sponsors of House Bill 0793/ Senate Bill 0836 acknowledged that this new legislation aims to challenge Player v. Doe in a statement to the Tennessee Firefly, and to help local school districts that are facing budgetary strains. A 2019 analysis of Census data by the Migration Policy Institute estimated that there were approximately 10,000 undocumented school-aged children enrolled in Tennessee public schools.
Senator Bo Watson (Photo by the Tennessee General Assembly)
"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 (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."
The proposed legislation won’t be the only bill lawmakers debate that relates to undocumented children and schools.
Representative Gino Bulso, R-Brentwood, and Senator Joey Hensley, R-Hohenwald, filed legislation last month that would require undocumented families to pay school tuition for their children.
