NASHVILLE, Tenn. (AP) — Tennessee schools would be allowed to turn away or charge students tuition if their families cannot prove their legal residency under a proposal that advanced Thursday out of the GOP-dominated Senate.
The legislation is designed to directly challenge the 1982 U.S. Supreme Court decision in Plyler v. Doe, in which the justices found it unconstitutional to deny children an education based on their immigration status. For decades, the ruling has protected children of families living in the country illegally and granted them the right to attend public school.
The Tennessee proposal still faces hurdles in the state House.
President Donald Trump, who is moving aggressively to deport immigrants who entered the U.S. illegally as well as some visa and green card holders, appears to have emboldened Republicans who previously may have been uneasy about revoking public education from young children.
Similar proposals this year have popped up in conservatives states such as Oklahoma and Texas, but no state has advanced the idea as far as Tennessee has.
“The Plyler decision in 1982 was the voice of the court being imposed on the people,” said Tennessee Republican Sen. Bo Watson, a sponsor of the legislation. “This is the voice of the people being exercised through their elected officials.”
On Thursday, Republican senators endorsed Watson’s bill 19 to 13. Seven Republicans joined the chamber’s six Democrats in opposing it, at times showing emotion or even tearing up.
“I don’t think it’s proper to punish children for their parents’ mistake,” said Republican Sen. Ferrell Haile, who quoted Bible passages while making his argument.
Shortly after the vote, a handful of protesters — including school children — yelled out and were removed from the public gallery.
Several steps remain before the bill can become law. The House version is still making its way through legislative committees, and currently contains differences from the Senate proposal. The two chambers would have to hash those out before the legislation could be sent to Republican Gov. Bill Lee for his signature.
Lee has not yet publicly weighed in on the proposal, but he has never vetoed a bill. Lawmakers also have the option of overriding any veto with a simple majority vote.