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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 a full committee by a vote of 15-9, split largely along party lines, with Republicans in favor and all seven Democrats opposed. The proposal is scheduled to be heard in the House of Representatives on March 16.
The measure now requires public and charter school officials to verify students’ immigration status at the time of enrollment and report aggregate results to the state. The proposal originally empowered school officials to deny enrollment to students who could not prove their legal presence in the United States or to charge tuition to their families. That provision remains in the Senate version, which already passed that chamber by a vote of 19 to 13, but opponents of the measure later removed it from the House proposal.
This proposal represents the bare minimum to address a long-standing injustice, but falls far short of what is truly needed. Requiring verification and reporting data sheds light on the number of illegal immigrants in public schools, but does nothing to stop the flow of taxpayer money that subsidizes their education.
in tennesseeLike in many states, per-student allocation drives budgets, meaning districts benefit financially by admitting more students, regardless of their immigration status. Lawmakers should go further and prohibit public schools from using tax dollars to educate those who are unlawfully present. Such a ban would redirect resources exclusively to residents and legal citizens, allowing per-student funding for eligible children to increase without the need for tax increases.
The Supreme Court in Washington, DC, on Friday, June 28, 2024. (Valerie Plesch/Bloomberg via Getty Images)
The relief would extend beyond school budgets. Property taxes, which predominantly fund public education systems, put constant upward pressure on homeowners. By excluding illegal immigrants from taxpayer-funded education, state policymakers could alleviate this tension, stabilizing or even reducing property tax rates while improving the quality of education for legal enrollees.
At the center of this issue is the 1982 conflict. Supreme Court decision in Plyler v. Doe, which forces state officials to provide free public education to the children of illegal immigrants. That ruling, decided 5 to 4 by a court less conservative than today, imposes an unjustified federal obligation on states to divert scarce resources toward social benefits for those without legal status.
Education policy, particularly the allocation of limited funds, belongs to state legislatures, not those dictated by unelected judges. States possess the sovereign right to prioritize their citizens and legal residents, especially when federal immigration enforcement failed spectacularly during the previous presidential administration.
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Today’s Supreme Court has the opportunity to rectify this overreach. Conservatives in Tennessee and elsewhere should welcome legal challenges to HB 793, particularly from teachers unions eager to preserve the status quo. These unions benefit doubly from the enrollment of illegal immigrants: first, through inflated per-student funding tied to larger numbers of employees, and second, through supplemental allocations for English as a Second Language (ESL) programs.
Union leaders would probably hesitate to take a fight to the Supreme Court, recognizing the risk. A Tennessee victory could dismantle Plyler across the country, inspiring a cascade of similar reforms. The precedent would empower legislatures to regain control over education spending, eliminating incentives that exacerbate illegal immigration. Instead of fearing litigation, policymakers should provoke it, trusting that the current court will affirm the authority of states to manage their own affairs.
Public sentiment is firmly aligned against the current policy. The Phi Delta Kappa International/Gallup poll found that 55% of Americans oppose using taxpayer money to educate the children of illegal immigrants, with 81% of Republicans agreeing.
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These numbers reflect a common-sense view: American taxpayers should not bear the costs of federal border failures. Education represents a significant investment in the nation’s future, and diluting that investment by extending it to those outside the legal framework undermines equity for citizens.
Momentum is growing beyond Tennessee. From the beginning of 2025, legislators in oklahomaTexas, Idaho, Indiana and New Jersey have taken steps to challenge Plyler v. Doe, ranging from data collection on immigration status to registration requirements. These initiatives signal a growing recognition that rampant illegal immigration places a burden on public systems, from schools to hospitals.
Education policy, particularly the allocation of limited funds, belongs to state legislatures, not those dictated by unelected judges.
In Texas, where Plyler, the Republican governor, is from. Greg Abbott has long advocated reviewing the decision, citing unsustainable fiscal pressure on local districts. Oklahoma’s proposals require proof of status for registration, while in Idaho and Indiana bills advanced through committees before stalling. Precisely in blue-leaning New Jersey, legislators introduced the “PLYLER Act” to impose tuition on undocumented students.
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Critics of these efforts often invoke compassion, arguing that denying education harms innocent children. However, the real harm comes from policies that encourage illegal entry by promising free services, perpetuating a cycle of dependency, and depleting resources intended for legal residents.
States like Tennessee invest billions in education to foster opportunity, but that promise is eroded when funds are spread thinner to accommodate those who bypassed the system. Overthrowing Plyler would restore justice, allowing states to focus on their own communities without apology.
The tax implications demand attention. Nationally, educating illegal immigrant students costs billions annually, and estimates vary by state, but consistently reveal a disproportionate burden on taxpayers.
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The influx overloads classrooms, requires more ESL teachers, and inflates administrative costs. Conversely, excluding these students from taxpayer funding would free up resources to reduce class sizes, increase teacher salaries, and improve programs for legal enrollees. Homeowners, tired of annual tax increases to cover increased 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, although imperfect, generates a necessary debate. Lawmakers should strengthen it by outright banning tax-funded education for illegal immigrants and then vigorously defend it in court. The proposal would not only safeguard taxpayer dollars but also deter future illegal entries by eliminating a key pull factor.
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 the states chart their own course.
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