Senate Education Committee passes bill requiring student citizenship verification in narrow vote

Senate committee room (Photo by Sky Arnold)

A bill to require public schools to verify the citizenship of students and allow districts to charge undocumented immigrants tuition passed its first committee by a single vote.

Senator Bo Watson, R-Hixson, presented the bill to the Senate Education Committee on Wednesday. It would require public school districts and charter schools to collect documentation during enrollment proving students are U.S. citizens, in the process of obtaining citizenship, or hold a legal immigration or visa status. If students cannot provide that documentation, the district or charter school would have the option to charge them tuition. They would also have the option to remove any students who do not pay.

Watson told committee members his bill isn’t about educating children. Instead, he said it reflects what he calls a financial burden being placed on local districts.

Senator Bo Watson (Photo by the Tennessee General Assembly)

"This is a fiscal issue despite what people might think or say," Watson said. "I am willing to stand here and take the slings and arrows, the criticisms and the name calling because I have a responsibility to the financial oversight of our state and her subdivisions."

In a series of what he called guiding fiscal statements, Watson referenced the 1982 Supreme Court case Plyler v. Doe, which guarantees all school-aged children the right to a free public education, regardless of immigration status. That case was based on a Texas law allowing districts there to charge tuition to undocumented students. Watson’s bill would be a direct challenge to this ruling.

He then pointed out a since rescinded resolution from the Rutherford County School Board, which stated an increasing number of English as a second language (ESL) students had created a financial pressure on the district and that an additional $3,500 per ESL student was needed to adequately serve them.

“That statement applies today,” said Watson, who was also quick to point out that all ESL students are not necessarily undocumented. "While most of the students may be properly documented, may be here legally, we don't know what that number is, so we don't know what the cost is because we don't have that kind of information and data, and that's one thing we will seek to gain."

Ruby Aguilar, a Tennessee native and public school teacher in Nashville, spoke against the bill.

“This is an attack on our kids, our communities, and on the very values that I believe make Tennessee strong, the very values that make Tennessee a world class state,” she said.

Aguilar was joined by Phillip Lovell, Associate Executive Director at the education nonprofit All4Ed. He said the bill could have an impact far beyond the classroom.

“The economic implications of this bill to me cannot be understated. There are estimates that the undocumented community in your state contributes $350 million in taxes,” said Lovell. "Your spending on education is not just spending, it's an investment, and this bill undercuts the future of the state of Tennessee."

Senator Raumesh Akbari, D-Memphis, wanted to know what exactly prompted Watson to introduce this legislation.

“Has there been any school system that has reached out to you or your office that has said, ‘Hey, we have an undue burden, and we need you to bring this legislation?’” asked Akbari.

“The truthful answer to that question is, not in an official capacity,” responded Watson. “In an unofficial capacity at numerous events and numerous meetings I’ve had with people associated with K-12 public education, have people mentioned this problem to me? Absolutely.”

Akbari also pointed out the Supreme Court case Plyler v. Doe and asked about the constitutionality of the bill.

Watson said Plyler v. Doe was decided in a 5-4 vote and went on to say the political and demographic makeup of the country has shifted since then.

“While states have long recognized that the role of immigration is principally a federal responsibility, states have begun to take the matter into their own hands and challenge some of those preconceived constitutional notions,” he said.

Akbari then went on to speak strongly against the bill, saying it offended her and goes against the values of our country and the state. She also referenced the far reaching implications should it become law.

“What will the future look like? You will have a subclass of children who will become adults who are uneducated, who will be unable to contribute to the workforce. How is that acceptable?” she asked. "Pro-life is from the womb to the tomb. And if you say you're a pro-life state, if you say you care about people, you want to say, 'What would Jesus do?' Well, these are the people he would take care of."

Senator Rusty Crowe, R-Johnson City, blamed past state and federal elected officials for not taking action to address immigration earlier. He expressed sympathy for undocumented families but said something needs to be done.

 “We love these children, I do. Many of these families are just fantastic families. This is kind of like tough love,” said Crowe.

The bill passed in a 5-4 vote, with Republican senators Ferrell Haile of Gallatin, Mark Pody of Lebanon, and Kerry Roberts of Springfield joining Akbari in voting no. The measure now moves on to the Senate Finance, Ways, and Means Committee.