A bill intended to contest children’s constitutional right to attend public schools regardless of their immigration status has been put on hold by Republican lawmakers in Tennessee.
Rather, as the legislative session draws to a close, they are seeking advice from U.S. officials over whether the plan will compromise federal support for education.
As lawmakers get ready for a possible adjournment this week, the bill’s chances of passing this year are weakened by the guidance provided Monday by the bill’s sponsor, House Majority Leader William Lamberth. Lamberth’s choice was initially covered by the Tennessee Journal.
This year, hundreds of kids have flocked to the Tennessee Capitol to protest the law, which challenges the safeguards put in place by the historic Plyler v. Doe ruling of the U.S. Supreme Court in 1982.
A Texas legislation that attempted to prevent enrollment to any student who was not “legally admitted” into the nation was overturned in that decades-old ruling.
A version of the bill, which would require proof of legal residence to enroll in public K–12 schools, has already passed the Republican-controlled Tennessee Senate.
It would also give school districts the option, but not the obligation, to charge tuition or turn away students who do not present the required paperwork.
The House version, which is still pending in a subcommittee, is different in that it permits public schools to verify students’ immigration status instead of mandating it.
According to Lamberth, Tennessee gets around $1.1 billion a year in federal education funding.
“We fully trust the Trump Administration will not withhold federal dollars from our schools due to the passage of House Bill 793/Senate Bill 836,” Lamberth stated. “However, out of an abundance of caution, we want to be exceptionally careful before we move forward to ensure no federal taxpayer dollars are at risk.”
The conservative think tank The Heritage Foundation is among the increasing number of conservative leaders urging states to reverse Plyler v. Doe. Republican lawmakers from Tennessee were among the most active in advancing the concept, which is in direct opposition to Supreme Court rulings.
The bill’s supporters have mostly minimized the idea of denying children the right to an education, concentrating instead on the financial burden that states bear when they educate children who are in the country illegally. It’s unclear, though, if the bill would save any money.
Students who oppose the removal of their peers from school and are concerned about who might be next have sobbed in front of parliamentary panels.
While some supporters praised Monday’s development, they warned that the bill is still alive until lawmakers adjourn for the year.
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“What’s undeniable is this: lawmakers have been forced to acknowledge the overwhelming, bipartisan opposition from across the state to targeting children and denying them an education,” Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition stated.
The 5-4 decision in Plyler in 1982 is frequently cited by lawmakers and other conservative supporters, who contend that the small margin increases the likelihood that the current Supreme Court would overturn the precedent. Notably, the right to an abortion has been overturned by the court.
