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Bill Allowing Tennessee Schools to Charge Tuition, Deny Education to Some Immigrants Passes Senate
NASHVILLE, Tenn. – April 13, 2025 — A bill that would allow Tennessee public schools to charge tuition and potentially deny education to certain immigrant children passed the state Senate this week, sparking fierce debate across party lines and raising alarms among civil rights advocates.
The legislation, formally known as Senate Bill 2430, passed on a 19-12 vote, largely along party lines. If enacted, it would give local school districts the authority to charge non-resident tuition to students who cannot prove lawful presence in the United States—a move that critics say contradicts decades of legal precedent and moral responsibility in providing access to public education for all children, regardless of immigration status.
Supporters of the bill argue it is about fairness and fiscal responsibility, while opponents call it discriminatory and unconstitutional.
What the Bill Would Do
SB 2430, sponsored by Sen. Joey Hensley (R-Hohenwald), targets children who are not lawfully present in the United States and do not reside within a district’s boundaries. Under the bill, Tennessee school districts would be authorized—but not required—to deny enrollment or charge tuition to such students.
In effect, the law would open the door for public schools to impose potentially prohibitive fees on undocumented immigrant children or refuse them education entirely.
The bill’s companion legislation, House Bill 2310, is still pending in the state House, where it is expected to face a similarly contentious debate in the coming weeks.
Legal and Historical Context
The bill is seen by many as a direct challenge to Plyler v. Doe, a landmark 1982 U.S. Supreme Court decision that struck down a Texas law allowing public schools to deny enrollment to undocumented children. In that ruling, the Court held that denying public education to children based on immigration status violated the Equal Protection Clause of the Fourteenth Amendment.
“It is deeply concerning that Tennessee lawmakers are pushing legislation that flies in the face of settled constitutional law,” said Nina Singh, an attorney with the ACLU of Tennessee. “Plyler v. Doe makes it clear: every child, regardless of their immigration status, has a right to a public education in the United States.”
Despite this, supporters of the bill maintain that it does not explicitly violate Plyler, because it targets non-resident students rather than undocumented students broadly. Critics argue this is a thinly veiled distinction designed to skirt constitutional protections.
Arguments From Supporters
Sen. Hensley defended the bill by framing it as a fiscal measure aimed at ensuring that local taxpayers are not forced to subsidize the education of students who don’t legally reside in their district—or in the country.
“Our schools are already strained,” Hensley said during the Senate debate. “Local property taxpayers should not have to foot the bill for students who are not even supposed to be here. This is about fairness to the citizens of Tennessee.”
Hensley also said the bill would not mandate exclusion but would leave the decision up to individual school boards.
“It’s about giving local control,” he said. “If a school district wants to welcome these students and has the capacity, they can. If not, they should not be punished for setting boundaries.”
Supporters further argue that the bill could act as a deterrent to undocumented immigration by signaling that Tennessee’s public services are not freely available to those who enter the country illegally.
Backlash and Civil Rights Concerns
Opposition to the bill has been swift and strong from a wide range of organizations, including immigrant advocacy groups, education associations, and faith leaders.
“This is not who we are as a state,” said Rev. Angela Morales, director of the Nashville Interfaith Alliance. “We are talking about children—many of whom have lived in Tennessee for years and know no other home. Denying them an education because of a paperwork issue is cruel and shortsighted.”
Educators also voiced concern, warning that the bill would increase confusion for school administrators, create inequities between districts, and place an added burden on already overworked school staff.
“This proposal forces teachers and principals into the role of immigration enforcers,” said Joe B. Stamps, a spokesperson for the Tennessee Education Association. “It also undermines the very foundation of public education: that every child has a right to learn.”
The bill has drawn comparisons to past laws in states like Alabama and Arizona, which attempted to regulate immigrant access to public services and were largely struck down or rolled back due to legal challenges.
Impact on Students and Families
For Tennessee’s immigrant communities, the bill has already caused fear and confusion. Advocacy organizations report a surge in calls from families worried that their children might be expelled or denied enrollment in the next school year.
Maria Alvarez, a mother of three in Shelby County, said she hasn’t slept in days since learning of the bill.
“My oldest daughter is a junior in high school,” she said. “She wants to go to college. Now we don’t know if she’ll even be allowed to graduate.”
Though the bill does not explicitly target all undocumented students—only those not residing in the school district or unable to prove legal presence—advocates say the vague language creates a chilling effect, especially in immigrant communities where fear of deportation already runs high.
“You’re going to see families pulling their kids out of school, avoiding any contact with public institutions, and that hurts everyone,” said Erica Vasquez, director of the Tennessee Immigrant and Refugee Rights Coalition (TIRRC).
Political Ramifications and National Context
The bill comes at a time when immigration remains one of the most polarizing topics in American politics, with red states increasingly testing the limits of federal authority through state-level legislation.
Earlier this year, Florida passed a sweeping immigration enforcement law that includes requiring hospitals to collect immigration status information. In Texas, Governor Greg Abbott has supported a series of controversial policies aimed at curbing illegal border crossings.
Political analysts say Tennessee’s bill is part of a broader movement among conservative lawmakers seeking to appeal to voters with strong anti-immigration views ahead of the 2026 midterms.
“It’s red meat for the base,” said Dr. Amelia Harrington, a political science professor at Vanderbilt University. “It may not stand up in court, but it sends a message—and that message is very clear.”
Next Steps and Legal Challenges Likely
With the Senate’s passage of SB 2430, all eyes now turn to the Tennessee House of Representatives, where the bill must pass before heading to Governor Bill Lee’s desk.
Governor Lee has not publicly stated whether he will sign the legislation if it passes, but he has previously supported policies aimed at limiting undocumented immigrants’ access to state resources.
Opponents of the bill are already preparing for a legal fight. The ACLU, along with TIRRC and the Southern Poverty Law Center, have indicated they are reviewing litigation options.
“This is not just a policy disagreement—it’s a constitutional violation,” said Singh, the ACLU attorney. “If this law goes into effect, we will challenge it in court.”
The Human Cost
Amid the legislative battle, the real-world impact on children is not lost on those working on the ground in Tennessee’s schools.
“These kids come to class every day, trying to learn, dreaming of a better life,” said Emily Rojas, a middle school teacher in Davidson County. “Now they’re going to be treated like they don’t belong. It’s heartbreaking.”
Rojas says many of her students live in mixed-status families, where some members are U.S. citizens and others are not. Policies like SB 2430, she says, only add layers of fear and instability.
“They’re not numbers on a budget line. They’re human beings,” she said.