Tennessee schools could refuse to teach students without legal status, or charge their families tuition, under a bill advancing in the statehouse.

The legislation, which narrowly passed the Senate Education Committee 5-4 on Wednesday, would challenge a 1982 U.S. Supreme Court decision that established the right to education for students, regardless of immigration status.

Republican leadership in the Tennessee House has said that the long-term goal of the law is to reverse that case, similar to how a state law in Mississippi led to SCOTUS overturning federal abortion rights.

“While states have long recognized that the role of immigration is principally a federal responsibility, states have begun to take the matter into their own hands and challenge some of those preconceived constitutional notions,” said Sen. Bo Watson, R-Hixon, who sponsored the bill.

Wednesday’s vote drew hundreds of protesters to the statehouse, who decried the bill. In the hallway following the bill’s advancement, the crowd chanted “Here to learn” and “We will be back.”

The scene outside a TN education committee after a 5-4 vote that advanced a bill that would allow schools to refuse or charge tuition for students without legal status. pic.twitter.com/clzFRpVl2p

— Marianna Bacallao (@MariannaBac) March 5, 2025

Watson said that he proposed the legislation as an answer to a financial issue, citing a now-rescinded resolution from the Rutherford County School Board. The board had initially called on the state legislature to advocate for the “closure of our nation’s borders” and increased funding from the federal government for the district’s English language learner programs.

“We don’t know the number of individuals who are here unlawfully that we are having to fund, and it’s getting more expensive each year,” Watson said. “So, the thinking would be, perhaps, that those who are here unlawfully, when they don’t have this advantage here, will either return to where they came from or find other means.”

The bill would allow school systems the choice to accept students without legal status, but an amendment added to the bill Wednesday would require all schools to verify a student’s legal status before enrollment.

Sen. Raumesh Akbari, D-Memphis, said that the administrative cost of verifying students’ legal statuses, and the cost of fielding lawsuits against the state, is greater than the cost of educating undocumented children.

“That is not just unjust, it’s fiscally irresponsible. This bill creates barriers to success that harm Tennessee’s economic future,” Akbari said.

Phillip Lovell of the non-profit All for Ed testified that the bill would have a chilling effect on the state’s economy.

“There are estimates that the undocumented community in your state contributes $350 million in taxes. They have a purchasing power of $3.5 billion,” Lovell said. “The more someone learns, the more they earn and the more taxes they pay. Your spending on education is not just spending, it’s an investment.”

Activists with the Tennessee Immigration and Refugee Rights Coalition plan to return to the statehouse next week when the bill is before a House subcommittee.