Tennessee lawmakers have taken a bold stand against the misuse of taxpayer dollars in public education. On March 10, House Bill 793 advanced out of full committee on a 15-9 vote, largely split along party lines, with Republicans in favor and all seven Democrats opposed. The proposal will be discussed in the House of Representatives on March 16.
The measure now requires public and charter school officials to verify students’ immigration status upon enrollment and report aggregate results to the state. The proposal originally gave school officials the authority to deny enrollment to students who could not prove they were legally present in the United States, or to charge their families tuition. That provision remains in the Senate version — which Chambers 19 through 13 have already passed — but opponents of the measure later removed it from the House proposal.
This proposal represents the bare minimum in addressing long-standing injustices, but falls far short of what is actually needed. Requiring verification and reporting data sheds light on the number of illegal immigrants in public schools, but it does nothing to stem the flow of taxpayer dollars that subsidize their education.
In Tennessee, as in many states, per-student allocations drive budgets, meaning districts benefit financially from admitting more students, regardless of immigration status. Lawmakers should go further by banning public schools from using taxpayer dollars to educate unauthorized attendees. Such a ban would allocate funds only to legal residents and citizens, which could increase per-student funding for eligible children without requiring tax increases.
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The Supreme Court in Washington, DC, on Friday, June 28, 2024. (Valerie Plesch/Bloomberg via Getty Images)
The aid would extend beyond school budgets. Property taxes, which primarily fund public education systems, place constant upward pressure on homeowners. By excluding illegal immigrants from taxpayer-funded education, public policymakers could alleviate these pressures, stabilize or even reduce property tax rates while improving the quality of education for legal enrollees.
At the heart of this issue lies the Supreme Court’s 1982 ruling in Plyler v. Doe, which forces government officials to provide free public education to children of illegal immigrants. This ruling, handed down 5-4 by a less conservative court than today, imposes an unwarranted federal obligation on states to translate scarce resources into rights for people without legal status.
Education policy, especially the allocation of limited resources, belongs in the hands of state legislatures and is not dictated by unelected judges. States possess the sovereign right to prioritize their citizens and legal residents, especially when federal immigration enforcement failed spectacularly under the previous presidential administration.
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Today’s Supreme Court has an opportunity to correct this overreach. Conservatives in Tennessee and elsewhere should welcome legal challenges to HB 793, especially from teachers unions eager to maintain the status quo. These unions benefit doubly from the enrollment of illegal immigrants: first, through high per-student funding coupled with a larger workforce, and second, through additional allocations for English as a Second Language (ESL) programs.
Union leaders would likely hesitate to escalate the fight to the Supreme Court, recognizing the risk. A win for Tennessee could dismantle Plyler nationwide, leading to a cascade of similar reforms. The precedent would allow the Legislature to regain control over education spending, removing incentives that exacerbate illegal immigration. Rather than fearing lawsuits, policymakers should invite them, confident that the current court will affirm the authority of states to govern their own affairs.
Public sentiment is diametrically opposed to current policy. A Phi Delta Kappa International/Gallup poll found that 55% of Americans oppose using taxpayer dollars to educate the children of illegal immigrants, while 81% of Republicans agree.
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These numbers reflect a common-sense view: American taxpayers should not bear the costs of failed federal borders. Education represents a significant investment in the country’s future, and diluting that investment by extending it to people outside the legal framework undermines equality for citizens.
The momentum continues to build beyond Tennessee. Since early 2025, lawmakers in Oklahoma, Texas, Idaho, Indiana and New Jersey have taken steps to challenge Plyler v. Doe, ranging from data collection on immigration status to outright tuition requirements. These initiatives indicate a growing recognition that uncontrolled illegal immigration burdens public systems, from schools to hospitals.
Education policy, especially the allocation of limited resources, belongs in the hands of state legislatures and is not dictated by unelected judges.
In Texas, where Plyler is from, Republican Gov. Greg Abbott has long advocated reversing the decision, citing unsustainable budget pressures on local districts. Oklahoma’s proposals would require proof of status for registration, while Idaho and Indiana saw bills move through committees before stalling. Even in blue-leaning New Jersey, lawmakers introduced the “PLYLER Act” to impose tuition on undocumented students.
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Critics of these efforts often invoke sympathy, arguing that denying education harms innocent children. Yet the real harm comes from policies that encourage illegal entry by promising free services, perpetuating a cycle of dependency and strained resources for legal residents.
States like Tennessee invest billions in education to create opportunity, but that promise erodes when resources are spread more thinly to cater to those who have circumvented the system. Overthrowing Plyler would restore fairness, allowing states to focus on their own communities without apology.
The tax implications require attention. Nationally, educating illegal immigrant students costs billions annually, with estimates varying by state but consistently revealing a disproportionate burden on taxpayers.
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The influx puts pressure on classrooms, requires more ESL teachers and increases administrative costs. Excluding these students from taxpayer funding, on the other hand, would free up resources to reduce class sizes, increase teacher salaries, and improve the program for eligible enrollees. Property owners, fed up with annual tax increases to cover growing enrollment, would finally see relief.
Plyler exacerbates illegal immigration by imposing education as a right regardless of status. The Supreme Court could end this mandate and return power to the states where it belongs.
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Tennessee’s HB 793, while imperfect, sparks a necessary debate. Lawmakers should reinforce this by outright banning tax-funded education for illegal immigrants, and then vigorously defend it in court. The proposal would not only protect taxpayers’ money, but also deter future illegal entries by removing a key attraction.
Americans have waited too long for relief from policies that prioritize outsiders over citizens. The time has come for the Supreme Court to overturn Plyler v. Doe and let states set their own course.
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