Republicans have days to pass bill denying school for migrant kids

Tennessee lawmakers are in a race against the clock to pass legislation that would allow public schools to deny enrollment to undocumented children, thrusting the state into the center of a national legal and political fight over immigration and education.

The Republican-backed bill, which challenges the U.S. Supreme Court’s 1982 Plyler v. Doe decision, has already cleared the state Senate and could reach the House floor within days.

Why It Matters

The immigration-related education bill moving through the state legislature is part of a wider effort by Tennessee Republicans to enact legislation that aligns with President Donald Trump’s hard-line immigration agenda.

The High Court ruled in Plyler v. Doe that it is unconstitutional to deny children access to public education based on their immigration status. The 5-4 decision affirmed that all children—regardless of legal position—have the right to attend public schools. In recent years, however, some conservative lawmakers have sought to challenge and roll back this protection, aiming to restrict access to education for undocumented students.

What To Know

If signed into law, Tennessee would become the first state in the nation to allow public and charter schools to exclude children without legal immigration status or charge them tuition. The bill would apply to Tennessee’s more than 900,000 public school students, requiring documentation of citizenship or legal residency to attend school.

But the state’s Fiscal Review Committee has warned that the bill could jeopardize up to $1.1 billion in federal education funding tied to antidiscrimination protections, according to an investigation by the Nashville Banner. As a result, the bill has been placed “behind the budget,” meaning it cannot move forward unless lawmakers agree to override that restriction.

“I don’t know. I’m not being cagey—I genuinely don’t know which category it falls under,” state Republican Representative William Lamberth told the Nashville Banner. “The decision will be made next week.”

Despite having no operational cost, the risk of losing federal support has complicated the bill’s path. If delayed, it would remain active and could be revived without another Senate vote when the legislature reconvenes in 2026.

Republicans backing the legislation have framed it as a fiscal issue. “It’s been argued that undocumented illegal aliens pay sales tax and property tax. True. But one doesn’t know if those payments come close to offsetting the additional costs. We argue they do not,” said Republican state Senator Bo Watson, the bill’s sponsor, in comments reported by the Associated Press.

The Senate passed Watson’s bill on April 10 in a 19-13 vote. The House version, sponsored by Lamberth, the state House majority leader, differs slightly—making immigration status checks optional rather than mandatory—but still includes provisions for charging tuition. The House Education Committee is expected to hold its final hearing on the bill next week, with a full vote likely to follow.

“This bill is a shameful attempt to take away Tennessee children’s freedom,” the National Immigration Law Center said in a statement after the Senate vote, as reported by the Tennessee Lookout. The group vowed to challenge the measure in court.

Children, families and even religious leaders have taken center stage in the growing public opposition.

“Two weeks ago, I spoke with Senator Bo Watson about how much his bill (SB0836) would harm innocent children across Tennessee,” Reverend Emily Jo Haynes, pastor of Kaleo Church in Nashville, told Newsweek.

Haynes, along with 260 other faith leaders, signed a letter urging lawmakers to reject the legislation, calling it un-Christian and harmful to the state’s most vulnerable residents.

“Even though we need to address immigration as a country, using legislation that turns children into political pawns is the wrong approach,” Haynes said. “I told Senator Watson during our meeting that this bill targets my child’s friends—and that all children will be deeply affected by whether or not their friends are allowed to attend school in the future.”

What People Are Saying

Lamberth, as quoted in the Tennessee Lookout: “It is false hope to give children the best education available in the world and then tell them they can be licensed professionals, they can be licensed doctors, they can be lawyers, they can be accountants, they can run for office, because it is not true.”

Tanya T. Coats, president of the Tennessee Education Association, told Newsweek in February: “The job of Tennessee’s public-school educators is to educate every student who walks through the doors of our great public schools. We ask the General Assembly to not involve educators in making decisions about the legal status of our students or their families.”

What Happens Next

Supporters of the bill have openly acknowledged their goal is to provoke a legal battle that could lead to a Supreme Court review.