NASHVILLE, Tenn. — A new bill filed in the Tennessee General Assembly is challenging a decades-old Supreme Court decision that guarantees undocumented children access to free public education. House Bill 793, introduced on February 4, seeks to give schools the option to refuse enrollment to undocumented students, directly opposing the Plyler v. Doe ruling from 1982, which established that such children have a constitutional right to attend public schools regardless of their immigration status.
The legislation was introduced by House Majority Leader William Lamberth (R-Portland) and Senate Finance Chair Bo Watson (R-Hixson), as part of ongoing efforts to address immigration concerns in the state. According to Watson, the bill is aimed at providing local governments with more control over their educational resources.
“Our education system has limited resources, which should be prioritized for students who are legally present in the country,” Watson said. “An influx of illegal immigration can strain local education agencies (LEAs) 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 proposal comes on the heels of a controversial special session, during which state lawmakers passed a bill that would impose criminal penalties on officials adopting sanctuary policies. In addition, the Rutherford County school board recently passed a resolution urging state leaders to expedite the closure of the nation’s borders, citing financial pressures related to the increasing number of English as a Second Language (ESL) students in schools.
However, the bill has sparked significant opposition from immigrant rights groups and Democratic lawmakers, who argue that the legislation is both unconstitutional and discriminatory.
Lisa Sharman Luna, Executive Director of the Tennessee Immigration and Refugee Rights Coalition, strongly criticized the bill, calling it an attack on children’s right to education. “Students have been allowed to attend our schools regardless of their immigration status, and this is a really egregious step in trying to erase decades-old case law that allows students to go to schools and get the education that they deserve,” she said.
Luna expressed particular concern about the emotional toll the bill would take on young children, who may suddenly find themselves excluded from school. “Can you imagine telling a 6 or 7-year-old that they are no longer welcome at school? Or explaining to a child why their friend is no longer sitting next to them in class? That’s not the Tennessee we believe in,” she added.
Senate Democratic leadership also spoke out against the bill, calling it unconstitutional and prejudiced. “This isn’t just cruel—it’s unconstitutional,” said Senate Democratic Leader Raumesh Akbari. “This isn’t a policy proposal; it’s a lawsuit, designed to deny children their right to an education and waste taxpayer dollars.”
Democratic lawmakers also likened the bill to previous discriminatory policies, such as school vouchers, which were created in response to desegregation efforts. “This bill cherry-picks which students deserve opportunity,” said Senate Democratic Chairwoman London Lamar. “We’ve seen this before, and we won’t let them drag us backward.”
The Plyler v. Doe decision, which struck down a Texas law that denied undocumented children access to public schools, has been a cornerstone of the U.S. education system for more than four decades. The 1982 ruling found that excluding undocumented children from public education violated the Equal Protection Clause of the 14th Amendment.
According to the Migration Policy Institute, approximately 10,000 undocumented school-aged children are currently enrolled in public schools across Tennessee. Supporters of House Bill 793 argue that the growing number of undocumented students is creating significant financial strain on local school systems, particularly in areas with large immigrant populations.
As the debate over the bill intensifies, advocates for immigrant rights vow to fight the measure and protect the rights of all students, regardless of their immigration status. “Together with our members and educators across the state, we will fight for our children’s freedom to learn and for our vision of a Tennessee where everyone can belong,” Luna said.
