Lawmakers propose to ease burden of illegal immigration on public schools

House Bill 793 challenges Plyler vs. Doe

FOR IMMEDIATE RELEASE: Feb. 4, 2025

NASHVILLE, Tenn.  – House Majority Leader William Lamberth, R-Portland, and Senate Finance Chair Bo Watson, R-Hixson, today filed legislation allowing local school districts and charter schools to opt out of enrolling a child unlawfully present in the United States.

 House Bill 793 seeks to challenge Plyler vs Doe, a 5-4 U.S. Supreme Court ruling in 1982 that gave children illegally in the U.S. the right to a free public education.

 “The flood of illegal immigrants in our country has put an enormous drain on American tax dollars and resources.  Our schools are the first to feel the impact.” Lamberth said. “Tennessee communities should not have to suffer or pay when the federal government fails to secure our borders. Our obligation is to ensure a high-quality education for legal residents first.”

 Illegal immigration cost American taxpayers $151 billion in 2023 at federal, state and local levels, according to the Federation for American Immigration Reform.

 "Our education system has limited resources, which should be prioritized for students who are legally present in the country,” said Watson. “An influx of illegal immigration can strain LEAs and put significant pressure on their budgets. This bill empowers local governments to manage their resources more effectively and builds upon the legislative action taken during the special session to address illegal immigration at the local level."

A 2019  analysis of U.S. Census Bureau data by the  Migration Policy Institute estimated 128,000 illegals were residing in Tennessee.    The group estimated approximately 10,000 were school-aged children enrolled in Tennessee public schools.

When an unaccompanied migrant child is apprehended by U.S. Customs and Border Protection, custody and care of the child is transferred to the Office of Refugee Resettlement which must provide social services until children are placed with a sponsor.

Approximately 17,713 unaccompanied alien children have been taken into custody and released to a sponsor in Tennessee since 2021.  

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