Damian Felipe Jimenez has a lot of aspirations for the future; he might work as a scientist, open a restaurant, or pursue another career.
As he progresses through sixth grade, he is aware that education will be essential to realizing his goals, but he is growing more concerned that some of his friends may soon lose that opportunity.
This year, hundreds of youngsters, including Felipe Jimenez, have flocked to the Tennessee Capitol to protest legislation that would undermine the long-standing American constitutional guarantee to free public education for all children, regardless of immigration status.
The U.S. Supreme Court’s historic 1982 ruling in Plyler v. Doe, which overturned a Texas law that attempted to refuse enrollment to any student who was not “legally admitted” into the nation, created this right.
More conservative leaders, notably the conservative think tank The Heritage Foundation, are urging states to reverse Plyler v. Doe.
Republicans in Tennessee seem most eager to take up the cause this year by proposing legislation that explicitly challenges the Supreme Court’s ruling and would lead to a legal dispute that supporters hope will not only reach the high court but also enable justices to overturn the decision.
President Donald Trump’s reelection and subsequent actions to forcefully deport illegal immigrants have prompted a slew of anti-immigration initiatives from GOP-led states.
However, few have followed Tennessee’s example and have not advanced past committee to focus on taking away children’s access to public education.
A challenging battle, but a distinct Supreme Court
A bill requiring proof of lawful residence to enroll in public K–12 schools has been approved by the Republican-controlled Tennessee Senate.
The measure also permits schools to either charge tuition or reject away children who do not present the required paperwork.
Instead of mandating public schools to examine students’ immigration status, the House version allows them to do so.
Before coming to the desk of Republican Governor Bill Lee, the two versions must be reconciled. It is almost a certain that the legislation will be sued if it passes.
Instead than emphasizing the denial of children’s access to an education, the proposal’s backers have concentrated on the financial burden that states bear when they educate children who are in the country illegally.
The number of children in Tennessee without legal status is unknown, and it’s not apparent if the measure would save any money. In the Plyler case, Texas presented identical economic grounds, but the court rejected them.
The 5-4 ruling in Plyler in 1982 is frequently cited by lawmakers and other conservative supporters, who emphasize that the narrow ruling leaves room to reverse the precedent, especially under the current Supreme Court, which has been willing to reverse legal precedent, including on the right to abortion.
California hosted the first challenge to the Plyler ruling in 1994. A motion banning the provision of public health care, education, and other social services to undocumented immigrants was adopted by the country’s voters. The law was repealed.
The Plyler precedent was contested once more in 2011 after Alabama politicians mandated that schools ascertain the legal status of their students. Following a settlement from a court challenge, that statute was ultimately banned.
For kids, the argument becomes personal
The tone of those who have come out to oppose the bill has frequently become passionate over the months that GOP leaders have been defending it.
Tears have been shed by students who are upset about their classmates being expelled from school and fear who will be the next to be removed.
Twelve-year-old Silvestre Correa Del Canto and his mother stood outside the Capitol’s crowded second floor during the Senate’s vote earlier this month, worried that the measure might harm children who don’t decide where they live and have an effect on their lives for years to come.
At the age of three, his family transported him from Santiago, Chile, to Nashville. Originally an African American segregated school, he currently attends a public middle school.
He linked the Tennessee legislation to that legacy.
