Tennessee bill allows schools to deny enrollment for illegal migrants, proposal panned as unconstitutional

Tennessee state lawmakers have recently introduced a controversial bill that would allow school districts and law enforcement agencies to deny enrollment to illegal migrant students. S.B. 836, sponsored by Republican Sen. Bo Watson, states that a law enforcement agency or public charter school “may enroll, or refuse to enroll, a student who is unlawfully present in the United States.”

The main goal of this bill, according to Sen. Watson, is to save the state money. The bill was amended to give school districts the option to charge tuition for a student’s enrollment rather than making it a requirement. This move has sparked debate and criticism from various groups and individuals.

However, this bill seems to contradict the current law established by the 1981 U.S. Supreme Court decision Plyler v. Doe, which mandates that states provide funding for any student seeking a public education, regardless of their immigration status. Immigration attorney Brittany Faith has criticized the bill as unconstitutional, stating that it was proposed to challenge the Plyler v. Doe ruling.

Faith argues that the bill is “blatantly unconstitutional” and is a direct challenge to existing laws. She also raised concerns about the option for schools to charge tuition, pointing out that Tennessee’s tax structure is sales-tax-based. This means that undocumented students and their families are still contributing to the public education system through taxes, just like legal residents.

The introduction of this bill has ignited a debate about the rights of undocumented students to receive an education and the financial implications for the state. It remains to be seen how this proposal will progress through the legislative process and what impact it will have on the immigrant community in Tennessee.

In conclusion, the bill introduced by Tennessee state lawmakers has sparked controversy and debate over the rights of undocumented students to access education. The proposed legislation challenges existing laws and raises questions about the financial implications for the state. It will be interesting to see how this issue unfolds in the coming months and what the ultimate outcome will be for immigrant students in Tennessee.