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Tennessee won’t deny public schooling to students without legal status — for now

Demonstrators opposing the HB 793, which would've allowed schools to deny students based on immigration status.
Marianna Bacallo
/
WPLN News
Demonstrators opposing the HB 793, which would've allowed schools to deny students based on immigration status.

A measure that would allow schools to refuse undocumented students is likely dead for the 2025 legislative session.

A state review found the bill could’ve jeopardized more than $1 billion in federal education funding if enacted, as it violates the Civil Rights Act of 1964. Given the potential loss, House leadership paused consideration of the bill after it passed the Senate earlier this month.

The House version of the bill would allow schools to choose whether to check students’ immigration status, while the Senate version would mandate it.

The bill’s sponsor, Rep. William Lamberth, R-Portland, has asked the federal government to see if Tennessee would still be able to secure funding through block grants if the bill moved forward.

“Under the last administration, I guarantee there would have been a risk of that. But under a Trump administration, we’re just trying to figure that out,” Lamberth said.

At Lamberth’s request, the state’s fiscal review executive director, Bojan Savic, sent a letter to U.S. Secretary Linda McMahon on Monday, asking how much of the potential $1.1 billion in federal funding would be at risk.

The answer will likely come after the session wraps Tuesday — something opponents are taking as a win.

“To all the children, parents, educators, faith leaders, business owners and everyday Tennesseans who spoke out — your calls, your emails and your presence at the Capitol worked,” said Lisa Sherman Luna, the executive director of the Tennessee Immigrant and Refugee Rights Coalition.

TIRRC helped plan several protests and marches against the bill over the course of the legislative session, drawing hundreds of demonstrators from across the state.

The bill’s Senate sponsor, Sen. Bo Watson, R-Hixon, faced backlash from his constituents for bringing the legislation. The Hamilton County School Board in Watson’s district unanimously passed a resolution opposing the legislation with support from the city’s principals.

A group of faith leaders, including a pastor from Watson’s church, signed onto a letter, decrying the legislation.

On Friday, Watson told Chattanooga’s Channel 9 that he wants to “speak with people who oppose his legislation and find a middle ground.”

The legislation was intended to challenge a 1982 U.S. Supreme Court decision that established the right to education for students, regardless of immigration status.

Republican leadership in the Tennessee House has said that the long-term goal of the law is to reverse that case, similar to how a state law in Mississippi led to SCOTUS overturning federal abortion rights.

Marianna Bacallao (mare-ee-AW-nuh bah-kuh-YOW) is a Cuban American journalist and WPLN's Power & Equity Reporter. She covers systems of power from the courts to the pulpit, with a focus on centering the voices of those most impacted by policy. Previously, she served three years as the afternoon host for WPLN News, where she won a Murrow for hosting during a deadly tornado outbreak, served as a guide on election night, and gave live updates in the wake of the Covenant School shooting. A Georgia native, she was a contributor to Georgia Public Broadcasting during her undergrad years and served as editor-in-chief for Mercer University’s student newspaper.
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