Tennessee lawmakers want to track illegal immigrant students with a new bill

Tennessee lawmakers have taken bold action against the misuse of taxpayer dollars in public education. On March 10, House Bill 793 passed out of the full committee by a vote of 15-9, split largely along party lines, with Republicans in favor and all seven Democrats opposed. This proposal is scheduled to be heard on the floor of the House on March 16.

The measure now requires public and charter school officials to verify students’ immigration status at enrollment and report aggregated results to the state. The proposal originally gave school officials the power to deny enrollment to students who could not prove legal presence in the United States or charge their families tuition. That provision remained in the Senate version — which passed the chamber 19 to 13 — but opponents of the measure later removed it from the House proposal.

This proposal represents the bare minimum in addressing long-standing injustices, yet it falls far short of what is really needed. Requiring verification and reporting of data sheds light on the number of illegal immigrants in public schools, but does nothing to prevent the flow of taxpayer dollars that fund their education.

In Tennessee, as in most states, per-pupil allocations drive the budget, meaning that districts gain financially by admitting more students, regardless of immigration status. Lawmakers must move forward by prohibiting public schools from using any tax dollars to educate those who are there illegally. Such a ban would redirect resources primarily to residents and legal residents, allowing per-student funding to increase for eligible children without the need for a tax increase.

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Help can go beyond the school budget. Property taxes, which largely fund public education programs, have an ever-increasing pressure on homeowners. By excluding illegal immigrants from taxpayer-funded schools, state policymakers can reduce the problem, stabilize or even lower property tax rates while improving the quality of education for legal enrollees.

At the heart of this issue is the Supreme Court’s 1982 decision in Plyler v. Doe, which forces federal officials to provide free public education to the children of illegal immigrants. That decision, decided 5-4 by a tougher court than today, imposed an unconstitutional federal obligation on states to divert scarce resources to the rights of those without legal status.

Education policy, especially the allocation of limited funds, is in the hands of state legislatures, not the dictates of unelected judges. States have a strong right to prioritize their citizens and legal residents, especially when federal immigration enforcement has failed spectacularly under previous presidential administrations.

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Today’s Supreme Court has an opportunity to correct this excessive practice. Conservatives in Tennessee and elsewhere should welcome legislative challenges to HB 793, especially from teacher unions determined to preserve the status quo. These unions make a double profit from illegal immigrant enrollment: first, through increased per-student fees associated with higher scores, and second, through additional assignments for English as a Second Language (ESL) programs.

Union leaders may be hesitant to extend the fight to the Supreme Court, seeing the risks. A victory in Tennessee would spread Plyler across the country, inspiring a series of similar reforms. This precedent would give legislators the power to control education spending, removing the incentives that fuel illegal immigration. Rather than fear litigation, policymakers should encourage it, confident that the current court will uphold the states’ authority to manage their own affairs.

Public sentiment is strongly aligned with current policy. A Phi Delta Kappa International/Gallup poll found that 55% of Americans oppose the use of taxpayer dollars to educate the children of illegal immigrants, while 81% of Republicans agree.

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These numbers reflect a commonsense view: American taxpayers should not bear the cost of federal border failures. Education represents an important investment in a nation’s future, and reducing that investment by transferring it to those outside the legal framework undermines the equality of citizens.

Momentum is building beyond Tennessee. As of early 2025, legislatures in Oklahoma, Texas, Idaho, Indiana and New Jersey have pursued measures to challenge Plyler v. Doe, from data collection on immigration status to specific course requirements. The plans reflect a growing recognition that unchecked immigration is straining government systems, from schools to hospitals.

Education policy, especially the allocation of limited funds, is in the hands of state legislatures, not the dictates of unelected judges.

In Texas, where Plyler is from, Gov. Republican Greg Abbott has long advocated for a review of the decision, citing chronic financial difficulties in local districts. Oklahoma’s proposals mandate proof of enrollment status, while Idaho and Indiana saw bills developed by committees before standing. Even in blue-leaning New Jersey, lawmakers introduced the “PLYLER Act” to enforce tuition for undocumented students.

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Critics of these efforts often plead for leniency, saying that denying education harms innocent children. Yet the real damage stems from policies that encourage illegal immigration by promising free services, perpetuating a cycle of dependency and suppressing services meant for legal citizens.

States like Tennessee invest billions in education to promote opportunity, but that promise is eroded when funds are distributed less and less to accommodate those who drop out of the system. Overturning Plyler would restore justice, allowing states to unapologetically focus on their communities.

The financial implications need attention. Nationwide, educating illegal immigrant students costs billions a year, with estimates varying by state but often presenting a disproportionate burden on taxpayers.

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The influx strains classrooms, requires more ESL teachers and increases administrative costs. Conversely, excluding these students from taxpayer funding would free up resources for reducing class sizes, raising teacher salaries and improving the formal enrollment program. Landlords, tired of tax increases every year to pay for rising registration rates, will finally see some relief.

Plyler is fueling illegal immigration by endorsing education as a right, regardless of status. The Supreme Court may end this mandate, returning power to the states where appropriate.

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Tennessee’s HB 793, while not perfect, sparks a necessary debate. Lawmakers should strengthen it by completely banning tuition paid for by illegal immigrants, and then defend it vigorously in court. This proposal will not only protect taxpayer dollars but also prevent future illegal entry by removing an important drag feature.

Americans have waited too long to be free from policies that put foreigners first over citizens. The time has come for the Supreme Court to reverse Plyler v. Doe and let the states chart their own course.

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