New bill could mandate schools check immigration status of students.
Illegal migrants in Tennessee may find it more difficult to get an education. Last week, the state’s Senate passed SB 836, which allows schools to deny enrollment of immigrant students or even charge tuition to those who can’t prove their legal status. Understandably, the bill has created a lot of controversy.
Under the proposed law, state schools would be required to verify citizenship from incoming students. It passed the Senate on a 19-13 vote and still needs to pass the House. Not everyone is supportive of the bill, even some Republicans.
Some Tennessee Republicans Disagree
During the discussion, Senate Pro Temp Ferrell Haile rose on the Senate floor to oppose the bill sponsored by Sen. Bo Watson. Haile recited a Bible verse from Ezekiel that the “child will not share the guilt of the parent, nor the parent share the guilt of the child,” The Tennessean reported. He did agree with the basics of Watson’s bill, such as finding out how many students are in the country without legal status and if they are “costing the state of Tennessee to educate those who are not legally present.”
Republican Sen. Page Walley said parents should be held accountable if they’ve broken the law by entering the country illegally, but “[c]hildren should not be part of these kind of policy debates. They should not be caught in the crossfire of that.”
The Senate and House bills differ in that if SB 836 passes, a mandate would be placed on Tennessee schools to collect proof of citizenship, but then the schools could decide what to do about enrollment and tuition costs. The House version would not require schools to collect the documentation.
Republicans who oppose the bill ask others to look to their Christian backgrounds and to not single children out because of their parents’ misdeeds or because they can’t afford the tuition. “The bill does not prohibit private school,” Watson insisted, “it does not prohibit home schooling, it does not prohibit individuals or entities from providing tuition. It doesn’t prohibit any of that.”
Supporters claim the extra money gained from tuition is needed to run the schools. “In order to provide for all of our children the education we seek and need, we have to pay for it,” said Republican Sen. Ken Yager. “This bill provides a permissive way for us to make sure we have equitable support for all who want to use the system.”
“It’s been argued that undocumented illegal aliens pay sales tax and property tax,” Watson said. “True. But one doesn’t know if those payments come close to offsetting the additional costs. We argue they do not.”
According to a 2024 article from The Hill, “Tennessee says its taxpayers spent $571 million on education of illegal immigrants last year.” And quoting the World Population Review, “in the United States, K-12 schools spend about $612.7 billion annually. This is about $12,612 per pupil (although the numbers change depending on the source of the school funding). Federal, state, and local governments spend about $720.9 billion annually or $14,840 per pupil.”
Besides the objections to the bill, the legislation faces another roadblock. Republican House Leader William Lamberth told the subcommittee on April 14 that the bill has a fiscal cost that is not yet accounted for in the budget. Because of this, HB 793 has to be placed behind the budget without debate or a vote, as WSMV4 explained. It will remain in the Finance Ways and Means Committee until the House can pass a new budget.
“The independent Fiscal Review Committee of the Tennessee General Assembly placed a fiscal note on the bill, stating it could cost the state more than $1 billion a year from the Department of Education, due to provision of Civil Rights Act of 1964 and Title VI that currently prohibit denying free public education to undocumented students,” the news channel reported.
Lamberth allowed that school boards could see some expenses caused by checking the immigration status of those seeking enrollment.
The bill could return to the subcommittee as soon as this week and possibly early next week.
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