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Tennessee Wants to Let Schools Ban Immigrant Kids, Threatening to “End Public Education as We Know It” 

A Tennessee bill would take the right to education away from undocumented children. The Heritage Foundation is pushing it in other states.

Tennessee Republicans are pushing forward with a bill that could force undocumented children out of public education and turn school administrators into immigration informants against their own students, making Tennessee the frontier of an effort led by the Heritage Foundation to fundamentally injure the right to public education.

The state’s proposed “trigger laws,” which will be heard in committee on Wednesday, are direct challenges to Plyler v. Doe, a narrowly decided 1982 Supreme Court case that enshrined the right to a free K–12 public education regardless of immigration status. The parallel bills would also likely violate federal statutes that codify the same right. 

The Heritage Foundation, the conservative think tank behind Project 2025, has officially called on other states to pass similar laws challenging Plyler, situating Tennessee’s push as among the first in a broader national effort to overturn the decision.

“Illegal aliens should not be eligible for federal, state, or local government benefits, including through their children,” wrote Lora Ries, the director of Heritage’s Border Security and Immigration Center, in a February 17 post, “because the receipt of such benefits facilitates longer unlawful residence in the United States and takes resources from American citizens and lawful immigrants.”

So far, six states — Texas, Oklahoma, Idaho, Indiana, New Jersey, and Tennessee — have introduced bills that would violate Plyler. If passed, their implementation could force a challenge at the Supreme Court.

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Educators and immigration advocates told The Intercept that if Tennessee and other states were to get Plyler overturned and enact legislation to track and potentially expel undocumented children from public school, it would “end public education as we know it.” 

“This feels like a credible threat,” said Cassandra Zimmer-Wong, an immigration policy analyst at the Niskanen Center. “The ramifications of this are huge … denying children carte-blanche education would create an uneducated, potentially illiterate underclass of children and then adults in this country.”

Last year, the Tennessee state legislature introduced a bill, H.B. 793, that would allow schools to refuse to enroll students who cannot prove “lawful presence” in the United States or charge them tuition, but it was tabled due to concerns about potential federal funding losses because the law violated federal statutes. The bill would also require schools to report the number of students who enroll without a birth certificate. The Tennessee Senate version would allow schools to choose to deny enrollment to undocumented students only if they are unable to pay. 

Now, the bill is back — and scheduled for a state House Finance, Ways, and Means Subcommittee hearing on Wednesday. A companion bill, which would require schools and other entities that receive state funding, like hospitals, to report to the government on recipients’ immigration status, moved out of committee last week. The second bill is also scheduled to be heard by the House State & Local Government Committee on Wednesday. It can only be enacted if H.B. 793 passes and Plyler is overturned.

Sam Singer, a high school teacher who teaches English language learners in Tennessee, said she’s had “numerous students” who’ve heard of the bills ask if they’re still allowed to go to school. 

“They’re questions that no child should ever have to ask, much less come to school and wonder about,” said Singer. “The expectation should be, of course,........

© The Intercept