On March 4, the Tennessee House Finance, Ways and Means Subcommittee voted 9-3 along party lines to advance House Bill 793, a measure that authorizes local education agencies and public charter schools to deny enrollment to students who are unlawfully present in the United States.

Sponsored by Rep. William Lamberth, the proposal, originally introduced in February 2025, seeks to give schools the option to refuse such enrollments or condition them on tuition payments, potentially saving taxpayers millions annually in education costs for non-citizens.

The legislation directly challenges the 1982 U.S. Supreme Court ruling in Plyler v. Doe, which requires states to provide free K-12 education regardless of immigration status.

The vote saw all Republicans in favor, while Democrats opposed the bill, highlighting a divide on prioritizing resources for legal residents and citizens.

If passed, HB 793 would require schools to collect documentation proving U.S. citizenship, pending citizenship, or legal immigration status upon enrollment, with an appeals process through the Department of Education for denied students.

The Senate companion, SB 836, passed the upper chamber in amended form in April 2025, incorporating similar provisions for tuition options and confidential record-keeping.

Fiscal analyses note that educating undocumented students imposes costs on Tennessee taxpayers, though exact figures vary, and the proposals includes reporting requirements to track enrollment without birth certificates starting in the 2025-26 school year.

The measure now heads to the full Finance, Ways and Means Committee for further consideration.