Tennessee Senate passes bill requiring schools verify student citizenship status

• The Tennessee Senate passed a bill requiring schools to verify students’ citizenship or legal immigration status before enrollment. The vote sparked protests inside the Capitol and drew criticism from both Democrats and Republicans.
• Opponents argue the bill targets children and could violate a Supreme Court decision protecting access to public education regardless of immigration status.
• The bill now heads to the state House, with debate expected to continue before the session ends in two weeks.

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The Tennessee Senate has passed a bill that would require school districts to identify the citizenship status of their students, sparking heated debate and prompting law enforcement to remove some community members from the Capitol during protests. School districts are not required to adopt the policy or deny a student from enrollment.

Tennessee Senate passes bill despite opposition

The vote took place on April 10, with 19 senators in favor and 13 opposed. Although Republicans hold a majority in the chamber, the bill saw notable dissent from within the party, at least seven GOP senators voted against it. Opponents argue the legislation unfairly targets children for decisions they didn’t make.

“I believe that we are punishing children for the wrongdoing of their parents,” said state Sen. Ferrell Haile, R-Gallatin. “I don’t think that’s the proper way to do it.”

Opponents of the bill also raised concerns about its constitutionality, citing Plyler v. Doe, the 1982 U.S. Supreme Court ruling that prohibits states from denying children access to public education based on immigration status. During the debate, several lawmakers warned the bill could trigger legal challenges.

State Sen. Bo Watson, R-Hixson, who sponsored the legislation, pointed to the court’s dissenting opinions in the case to support his position. He argued that the measure is fiscally responsible, citing the $36 million the state spends annually to educate students in the country illegally.

Financial savings for Tennessee

The fiscal note brings up the Civil Rights Act of 1964, specifically Title VI and the prohibition of discrimination based on race, color or national origin.

It states, “According to the United States Department of Justice, Civil Rights Division, the discrimination protections in Title VI apply to undocumented individuals in the United States.”

As the bill reads, it would require public schools and charter schools to verify a student’s citizenship or legal immigration status before enrollment. Students would need to show documentation proving they are U.S. citizens, are in the process of obtaining citizenship or have valid immigration or visa status.

If families can’t provide this documentation, schools could charge tuition or deny enrollment after all appeals are exhausted. However, students must be allowed to enroll during the appeal window and cannot be removed until it ends.

Each school district would be required to set a uniform tuition rate for students who don’t meet the legal status criteria and be paid in full before enrollment. The state’s Department of Education would handle appeals, and all related records would remain confidential.

At the end of the fiscal note, it also cautioned that the bill could also put federal funding at risk for local school districts and public charter schools. However, because of several unknown factors, it’s unclear how much funding could be affected or when.

What happens next?

The bill now moves to the House, where debate is also expected to be contentious. There’s about two weeks left before the end of the 2025 legislative session. The law would take effect in the 2025–26 school year, pending rules from the Tennessee State Board of Education.