Republican lawmakers in Tennessee have paused a bill meant to challenge the constitutional right for children to attend public schools regardless of their immigration status. Instead, with time waning in the legislative session, they are asking U.S. officials for guidance on whether the bill would jeopardize federal education funding.
The direction announced Monday by House Majority Leader William Lamberth, the bill sponsor, diminishes the chances for the bill to pass this year as lawmakers prepare for a likely adjournment this week. The Tennessee Journal first reported on Lamberth’s decision.
Hundreds of children have packed the Tennessee Capitol this year to oppose the bill, which seeks to undercut the protection established by the landmark 1982 U.S. Supreme Court decision in Plyler v. Doe. That decades-old decision struck down a Texas law that sought to deny enrollment to any student not “legally admitted” into the country.
The Republican-controlled Tennessee Senate has already passed a version of the bill, which would require proof of legal residence to enroll in K-12 public schools and would give school districts the option—but not the requirement—of turning away students who fail to provide proper documentation or to charge them tuition. The House version, which remains idle in a subcommittee, differs by allowing public schools to check immigration status, rather than requiring it.
Lamberth noted that Tennessee receives approximately $1.1 billion in federal education money annually.
“We fully trust the Trump Administration will not withhold federal dollars from our schools due to the passage of House Bill 793/Senate Bill 836,” Lamberth said. “However, out of an abundance of caution, we want to be exceptionally careful before we move forward to ensure no federal taxpayer dollars are at risk.”
A growing number of conservative leaders are pushing states to overturn Plyler v. Doe—including the conservative think tank The Heritage Foundation. Tennessee’s Republican lawmakers were among the most aggressive in pursuing the idea that directly contradicts Supreme Court precedent.
Proponents of the bill have largely downplayed denying children the right to education, but instead have focused on the fiscal impact states are facing in educating children residing in the U.S. illegally. However, it’s unclear whether the bill would result in any savings.
In opposition, students have broken down in tears in front of legislative committees, distraught over their classmates being removed from their school and fearing who might be next. Some advocates applauded Monday’s news but cautioned the bill isn’t dead until lawmakers gavel out for the year.
“What’s undeniable is this: lawmakers have been forced to acknowledge the overwhelming, bipartisan opposition from across the state to targeting children and denying them an education,” said Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition.
Lawmakers and other conservative supporters repeatedly point to the 5-4 vote that determined Plyler in 1982, arguing that the narrow margin means there’s a better chance the precedent could be overturned by the current Supreme Court. Notably, the court has overturned the right to abortion.
