The Tennessee State Senate approved legislation on Thursday that would require school districts to verify students’ citizenship or legal residence status. The bill also provides for the option of charging tuition for those in the country illegally to attend taxpayer-funded schools and denying enrollment if such tuition is not paid.
Senate Bill (SB) 836 by State Senator Bo Watson (R-Hixson), as amended and passed this week, would allow school districts to create policies requiring prospective students to provide documentation establishing citizenship or legal residence status, and should these details not be provided, allow policies “not to enroll the student without the student or the parent or guardian of the student paying tuition” to the district.
SB 836 passed with 19 votes in favor and 13 votes against, with six Republicans, including State Senators Richard Briggs (R-Knoxville), Todd Gardenhire (R-Chattanooga), Ferrell Haile (R-Gallatin), Becky Massey (R-Knoxville), Shane Reeves (R-Murfreesboro), and Page Walley (R-Bolivar), joining seven Democrats in opposition.
Former Tennessee Star reporter and Tennessee Conservative Coalition leader Aaron Gulbransen said in February that the legislation was aimed at creating a legal precedent to reverse Plyler v. Doe, the 1982 5-4 decision by the U.S. Supreme Court that ruled it was unconstitutional to deny enrollment based on legal status in the country.
“This bill is designed to pass the General Assembly and then be handed over to the greatest attorney general in the United States of America, Jonathan Skrmetti, to take it through the legal process, go to the U.S. Supreme Court, and get it overturned,” said Gulbransen during an appearance on The Michael Patrick Leahy Show.
Gulbransen added, “The smartest thing the left could do on this, once it becomes law, is to leave it alone. Don’t sue on it, because it’ll be like okay, we’ll cede Tennessee. We’ll give you Tennessee, but not the other 49 states.”
The version passed in the State Senate on Thursday included an amendment that specifically mentions the Supreme Court case to note the number of illegal immigrants, including those who have received final orders to leave the country from the Department of Justice, has increased to around 11 million since the 1982 decision.
Gulbransen later suggested to Michael Patrick Leahy, the dditor-in-chief of The Star, that the amendment will “give it a stronger case” when inevitably challenged.
House Bill (HB) 793, submitted by House Majority Leader William Lamberth (R-Portland), will be considered by the House Finance, Ways, and Means Subcommittee on Monday.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
