Image Credit: TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
Two bills directed at the issue of illegal immigration in Tennessee were placed behind the governor’s budget on Monday morning.
A bill is placed “behind the budget” when there is a cost associated with the bill that has not been covered by the governor’s proposed budget for the year.
Legislation can come back out from behind the budget if the bill sponsors are able to obtain funding for it.
Bill Allowing Tennessee School Districts to Unenroll, Refuse to Enroll, or Charge Tuition for Illegal Students.
House Bill 793 (HB0793), sponsored by Rep. William Lamberth (R-Portland-District 44), gives Tennessee public school districts the option to require students to provide proof of citizenship and unenroll or refuse to enroll students unlawfully present in the United States.
The legislation would also give school districts the option to require that illegal students pay tuition at a rate consistent with the out-of-county charge for that district.
Under this legislation, if a family wanted to challenge a determination that their child is illegal they would be able to go through an appeals process that would go up to the state Department of Education.
The intent would be for this legislation to 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.
This bill was placed behind the budget during Monday’s meeting of the House Finance, Ways and Means Subcommittee.
The corresponding Senate Bill 0836 (SB0836), sponsored by Senator Bo Watson (R-Hixson-District 11), previously passed on the Senate floor by a 19-13 vote.
Bill to Address Illegal Immigration by Creating the Offense of Human Smuggling.
House Bill 0322 (HB0322), carried by Representative Chris Todd (R-Madison County-District 73), would create the offenses of human smuggling, harboring or hiding, and assisting another in harboring or hiding illegal immigrants that are known to have illegally entered or remained in the country.
The legislation would create strong penalties for the crime of “human smuggling,” defined as transporting, encouraging, or inducing ten or more adults (or five or more minors) to either illegally enter the state or to remain in Tennessee through the act of “concealing, harboring, or shielding.”
According to the bill sponsors this legislation:
- Gives the Attorney General (AG) more tools to combat human trafficking. If the AG suspects that a business or individual is involved in human trafficking, they can obtain a court order to stop the activity, shut the business down completely, or appoint a receiver for the business.
- Creates a new crime of “human smuggling” for when somebody knowingly moves or hides illegal immigrants. This would be a Class E Felony. Smuggling a child under 13-years of age would be “aggravated human smuggling” which would be a Class A Felony.
- Cracks down on hiding illegal immigrants by making it a Class A Misdemeanor to hide or help hide illegal individuals from authorities.
This bill was also placed behind the budget during Monday’s meeting of the House Finance, Ways and Means Subcommittee.
The corresponding Senate Bill 392 (SB0392), sponsored by Sen. Brent Taylor (R-Memphis-District 31), passed out of the Senate committee process with a 5-2 vote in Senate Judiciary last week and is still scheduled to receive a vote on the Senate floor this Wednesday, April 16th.
It has been rumored that Tennessee’s 2025 legislative session will come to an end by next week.
On Monday afternoon, the House of Representatives voted to suspend the rules and go into what is called “flow motion.”
This is a procedural move that allows lawmakers to speed through the legislative process by suspending a slew of House rules related to the timeframe of passing bills.
Bills that would typically move through the legislature over the span of weeks will now be able to move through the House in a day.
Gov. Lee’s budget proposal is expected to receive a vote in both chambers this week.
Once the budget has been passed and the finance committees have finished working their way through the remainder of bills still “in front of the budget,” bills that have been placed behind the budget will be considered by lawmakers once again with the opportunity to be pulled out from behind the budget.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
One Response
Thanx. Looks like illegal wins agin.