Tennessee s HB793/SB836 Bill Sparks Debate Over Undocumented Students in Public Schools

The newly proposed bill in Tennessee, HB793/SB836, has sparked considerable debate regarding the enrollment of undocumented students in public and charter schools.

Introduced by Republican lawmakers William Lamberth and Bo Watson, the bill would allow schools to refuse enrollment to students who are unlawfully present in the U.S.

The lawmakers argue that this measure is a response to what they describe as a “flood of illegal immigrants” in the past few years and the strain they believe this places on public education resources.

The bill has drawn sharp criticism, particularly due to its potential to challenge the 1982 U.S. Supreme Court decision in Plyler v. Doe, which ruled that undocumented children cannot be denied access to public education.

That ruling is based on the equal protection clause of the 14th Amendment, asserting that all persons, regardless of immigration status, are entitled to public education.

Supporters of the bill, like House Majority Leader Lamberth, contend that taxpayer-funded education should be reserved for legal residents and U.S. citizens. They also point to issues such as absenteeism linked to migrant families, arguing that these problems disrupt classrooms and strain resources.

The bill’s introduction comes amid broader national debates about immigration policy, state rights, and the role of education in providing equal opportunities. Its legal fate will likely be decided in the courts, where the challenge to Plyler v. Doe could prompt a significant reconsideration of the legal landscape regarding undocumented students’ access to education.

If the bill passes, it will be interesting to see if it faces significant legal challenges that could ultimately lead to a reassessment of national policies on this issue.