NASHVILLE, Tenn. (WTVF) — It's considered to be the most controversial bill this legislative session.
Republican state lawmakers, Rep. William Lamberth and Sen. Bo Watson, are sponsoring bills that would allow school districts to deny enrollment to students who are undocumented immigrants.
The measure has sparked multiple protests, including one just this week in the House K-12 Education Subcommittee.
But if it passes, what would the bill actually do? It depends on which version you're talking about.
House version
The Tennessee House version of the billis fairly straightforward. It would allow school districts to check a child's immigration status and then decide if they'll enroll or not enroll the child.
"Every single child that comes into a school system, it costs funds, it costs money to educate that child," said Rep. Lamberth Tuesday during debate on his bill. "I’m asking you just to give it to the local school districts and allow them to make the decision."
Senate Version
The Tennessee Senate's version is much more complex. It requires school districts to check every child's immigration status. "Students must provide documentation proving they are either U.S. citizens in the process of obtaining citizenship, or hold a legal immigration or visa status," said Sen. Watson during debate on his bill two weeks ago.
If that documentation can't be provided, a district could still enroll the student. Under the bill, they could also increase a student's tuition up to more than $7,000 a year. "It’s getting more expensive each year, and we have to realize the financial consequences of that," said Watson.
One version needed
If this measure has a chance of becoming law, the two chambers will have to agree on the same language. Talks are evidently already underway. "We are trying to combine our two bills so they match up," Lamberth told reporters Thursday.
Lamberth says he's willing to adopt some of the Senate's ideas, but said one component of his bill is non-negotiable. "I want to leave that up to local discretion, on whether or not to check for immigration status and what to do about that," said Lamberth.
Rep. Lamberth also acknowledged that Sen. Watson made some of his changes after consulting with Tennessee Attorney General Jonathan Skrmetti. Skrmetti's recommendations were to make the bill, reportedly, "more defensible" to a legal challenge. Lamberth confirmed he has not met directly with the AG.
The legal challenge will be a key component of this. Both sponsors acknowledge that their bills, under current federal law, would be considered unconstitutional. Blocking a child from getting an education based on immigration status was deemed unconstitutional in the 1980s Supreme Court case Plyler v. Doe. But Lamberth and Watson believe their bills could be the test case for a new ruling from a more conservative Supreme Court.
Louder Opposition
Democrats hope the protests and demonstrations only grow louder. "We are going to fight this with everything we have. It’s unconstitutional, it’s immoral and it’s cruel," said House Minority Caucus Chair. Rep. John Ray Clemmons, "Every Tennessean should be pissed off about this and get down here if they’re able."
Clemmons applauded the efforts by the Tennessee Immigration and Refugee Rights Coalition, who spearheaded the two protests over this bill so far. He called on other ethnic groups, like his own, to join the cause. "What I would like to see is more people who look like me and Rep. Aftyn Behn up here. Get out of their banks, get out of their law firms, get off your job site and come down here and stand up for children -- because this is important, this impacts every single family in the state of Tennessee," he said.
The bill will be debated in the Senate Finance Committee Tuesday at 8:30 a.m. The bill won't come up in the House Education Committee this week but is expected to be considered the following week.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
Fundraising efforts are underway in Brownsville and Nutbush, TN to build a statue for a major superstar who was raised there, Anna Mae Bullock. You probably know her by her stage name, Tina Turner. I was a huge fan of Tina and glad to see efforts are underway to showcase more of her ties to West Tennessee.
-Lelan Statom
