Bill would allow schools to refuse students ‘unlawfully present’ in U.S.

(The Center Square) – Tennessee Democrats are calling a bill that would allow schools to refuse to enroll students who are “unlawfully present” in the U.S. “cruel.”

The bills, introduced by Sen. Bo Watson, R-Hixson, in the Senate and Rep. William Lamberth, R-Portland, in the House as House Bill 793, apply to local education agencies and private charter schools.

“House Bill 793 isn’t just cruel – it’s unconstitutional,” said Senate Democratic Leader Raumesh Akbari, D-Memphi. “This isn’t a policy proposal; it’s a lawsuit, designed to deny children their right to an education and waste taxpayer dollars. Every child, no matter their background, deserves a public education.”

The bill is an attempt to overturn Plyler V. Doe, the 1982 U.S. Supreme Court ruling that said states could not bar children of undocumented immigrants from attending school.

The bills by Watson and Hixson do not mandate that schools bar illegal immigrants, it allows them to do so.

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“Tennessee Republicans continue to use their power to silence, censor, and single out communities they don’t value,” said Senate Democratic Chair London Lamar, D-Memphis. “House Bill 793 is just the latest in a disturbing pattern – underfunding Tennessee’s only public HBCU, banning affirmative action, censoring books by Black and brown authors, and attacking diversity initiatives. Now, they’re targeting children, trying to strip them of their right to an education in a blatant attempt to overturn Plyler v. Doe.”

Watson told The Tennessean that school systems are dealing with limited resources.

“An influx of illegal immigration can strain (local education agencies) and put significant pressure on their budgets,” Watson said.

The bill filed this week comes after lawmakers agreed to create the Centralized Immigration Enforcement Division to act as a liaison with the Trump administration on immigration. Members of local governing boards could also be charged with a Class E felony for supporting sanctuary cities.

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