NASHVILLE, TN - House Majority Leader William Lamberth (R-Portland) and Senate Finance Chair Bo Watson (R-Hixson) have filed legislation that would allow local school districts and charter schools to opt out of enrolling children who are unlawfully present in the United States.
House Bill 793 seeks to challenge Plyler v. Doe, a 5-4 U.S. Supreme Court ruling from 1982 that granted children unlawfully present in the U.S. the right to a free public education.
"The influx of illegal immigrants in our country has placed an enormous strain on American tax dollars and resources, with our schools feeling the impact first," Lamberth said. "Tennessee communities should not have to suffer financially when the federal government fails to secure our borders. Our primary obligation is to ensure a high-quality education for legal residents."
According to the Federation for American Immigration Reform, illegal immigration cost American taxpayers $151 billion in 2023 at the federal, state, and local levels.
"Our education system has limited resources, which should be prioritized for students who are legally present in the country," said Watson. "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 legislative actions taken during the special session to address illegal immigration at the local level."
A 2019 analysis of U.S. Census Bureau data by the Migration Policy Institute estimated that approximately 128,000 undocumented immigrants were residing in Tennessee, with an estimated 10,000 school-aged children enrolled in the state’s public schools.
When an unaccompanied migrant child is apprehended by U.S. Customs and Border Protection, custody and care are transferred to the Office of Refugee Resettlement, which provides social services until the child is placed with a sponsor.
Since 2021, approximately 17,713 unaccompanied migrant children have been taken into custody and released to sponsors in Tennessee.