Image Credit: TN General Assembly
The Tennessee Conservative Staff –
A contentious bill giving Tennessee public school districts the option to unenroll or refuse enrollment of a student if it cannot be proven that the student is in the state and country lawfully passed in the House Government Operations Committee by an incredibly close vote on Monday.
House Bill 793 (HB0793), sponsored by Rep. William Lamberth (R-Portland-District 44), “authorizes LEAs and public charter schools to refuse to enroll students who are unlawfully present in the United States.”
This legislation would give school districts in Tennessee the option to require students to provide proof of citizenship and require that illegal students pay tuition at a rate consistent with the out-of-county charge for that district.
Families who might want to challenge the determination that their child is illegal could participate in an appeals process that would go up to the state Department of Education.
The intent of this legislation seems to be that it will get challenged in court and potentially lead to the overturning of Plyler V. Doe (1982), a decision which ruled that states cannot deny undocumented children a free public education.
“So this is an education bill about punishing innocent children,” Rep. John Ray Clemmons (D-Nashville-District 55) stated in committee, calling the legislation unconstitutional and stating that it wouldn’t fix illegal immigration and that it would be a drain on state resources.
“Lower earning potential, increased risk of poverty, reduced access to healthcare, shorter lifespans, higher risk of crime…All these things cost Tennessee money and all direct results of kids not finishing high school. 75% of crime in the U.S. is committed by high school dropouts,” said Rep. Clemmons. “These are people who don’t even have a high school diploma and here we are voluntarily taking that opportunity away in the land of opportunity. This makes no sense!”
“If I sound frustrated and I sound mad as h*ll, it’s because I am. We cannot keep doing this to our children,” Rep. Clemmons raised his voice. “There is nothing in here that has even a hint of love in it.”
When Rep. Clemmons finished speaking, Rep. Lamberth responded by thanking his colleague and saying, “I’m sure you spent some time over the weekend thinking about that and I appreciate you sharing it with us.”
Rep. Monty Fritts (R-Kingston-District 32) then commented on the distinct difference between “immigrants” and “illegals.”
“Lots of energy behind my colleague from Davidson County. We’re not talking about immigrants, we’re talking about illegals,” said Rep. Fritts. “There is a distinct difference. [The] 14th Amendment, both Section 1 and Section 4 help us understand that. There is no greater act of rebellion in these United States than illegally coming across that border.”
At one point, Democrat Rep. Sam McKenzie (D-Knoxville-District 15) had a question for the bill sponsor but as he began to speak, a group of audience members erupted into a recitation of the Lord’s Prayer.
Rep. McKenzie seemed visibly frustrated by the interruption. He shook his head as he pushed his microphone away and put a hand up to his face.
Rep. Aron Maberry (R-Clarksville-District 68) then called the question on the bill, meaning the vote, amidst the crowd’s disruption and HB0793 was passed by an 8-7 vote.
Republican Representatives Monty Fritts, Justin Lafferty, William Lamberth, Aron Maberry, Jay Reedy, Michele Reneau, Iris Rudder, and Paul Sherrell voted in favor of the bill.
Democrat Representatives John Ray Clemmons, Ronnie Glynn, G.A. Hardaway, Sam McKenzie, Antonio Parkinson, and Joe Towns voted against it.
Republican Representative Jeremy Faison also voted against it.
A 2-minute recess was then called, which lasted closer to 12 minutes as state troopers were called to escort audience members out of the committee room.
When the committee came back, Rep. Clemmons immediately voiced a parliamentary inquiry regarding Rep. McKenzie not being able to ask his question before the vote was taken on HB0793.
“I understand there was a disruption but Representative McKenzie was speaking to the sponsor and then the vote was taken while he was still recognized,” said Rep. Clemmons. “I’m curious as to how someone else was recognized while Representative McKenzie was currently speaking, that led to calling the question.”
Chair of the House Government Operations, Rep. Justin Lafferty (R-Knoxville-District 89), told Rep. Clemmons that they would come back to his question once they tracked down their parliamentarian.
The committee continued for about an hour more before it was adjourned and to our understanding, Rep. Clemmons’ question was not answered on record.
The corresponding Senate Bill 836 (SB0836), sponsored by Sen. Bo Watson (R-Hixson-District 11), has already made its way through the committee process and has been sent to the Senate Calendar Committee to be scheduled for a floor vote.
