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The Tennessee Conservative [By Olivia Lupia] –
After the passage of the “Education Freedom Act of 2025”, questions have been raised regarding the constitutionality of disallowing illegal alien students to participate in the scholarship program, but a new piece of legislation could resolve the issue.
House Majority Leader William Lamberth (R-Dist. 44- Portland) has introduced HB0793, which is less than one page long and simply reads, “Notwithstanding another law to the contrary, an LEA or public charter school may enroll, or refuse to enroll, a student who is unlawfully present in the United States.”
Per current Tennessee law, “public schools are free to all persons residing withing the state who are above five years of age,” which has been interpreted to mean schools are required to provide education for all children, regardless of citizenship status.
The Tennessee Lookout also intimated that lawsuits could result from the legislature’s rejection of an amendment that would have included “undocumented” kids based on a Supreme Court decision in 1982.
Lamberth’s bill would theoretically close this loophole and potentially sidestep any legal actions over at least this particular provision of the Education Freedom Act.
The bill’s Senate companion, SB0836, is sponsored by Sen. Bo Watson (R-Dist.11- Hixson) and was filed the same day as HB0793.
It is worth questioning why this legislation was not included in the Act or introduced as separate measure prior to the recent special session, especially since lawmakers have signaled intentions to make illegal immigration a priority this year and with the passage of the omnibus immigration bill that was also a result of the Extraordinary Session.
The bill’s use of the language “may enroll…a student who is unlawfully present,” is also of concern as it still allows these illegal children to be in schools at taxpayer expense and does not enact any consequences for schools who do harbor unlawful aliens.
However belated and weakly constructed, this bill could be a step toward demagnetizing the state to illegal aliens. It remains to be seen whether further steps will be taken to secure Tennessee’s borders as conservatives continue to push elected representatives who have historically been somewhat lackadaisical about the subject.
Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
