Cracking down on illegal immigration remains focus as session nears end
As the legislature prepares to pass its budget and adjourn for the year, the Tennessee Senate advanced a series of major legislative initiatives this week focused on fiscal responsibility, illegal immigration, and higher education admissions policies.
Key measures include legislation to ease the financial burden of illegal immigration on public schools by allowing districts to charge tuition to undocumented students and a bill cracking down on human smuggling of illegal immigrants.
Lawmakers also passed legislation prohibiting race-based admissions and scholarships in higher education, combating antisemitism in schools, protecting firearm manufacturers from frivolous lawsuits, and improving communication between parents and schools.
Senate passes legislation to ease financial burden of illegal immigration on public schools
The Senate passed legislation this week aimed at giving local education agencies (LEAs) greater flexibility in managing the rising costs of illegal immigration in public schools. Senate Bill 836 seeks to challenge Plyler vs Doe, a narrow, 5-4 U.S. Supreme Court ruling in 1982 that required public schools to provide free education to all children -- even those in the country illegally.
Sponsored by Senate Finance Committee Chairman Bo Watson (R-Hixson), Senate Bill 836 would give LEAs the option to charge undocumented students tuition to attend a public school. If a school district chooses to charge tuition and an undocumented student does not pay, then the district would have the option to deny enrollment.
"Our education system has limited resources, which we need to prioritize for students who are legally present in the country,” said Watson. “The influx of illegal immigration has strained LEAs and put significant pressures on their budgets. This is a fiscal reality we need to acknowledge and address. This legislation empowers local governments to manage their resources more effectively and maintain fiscal stability.”
The legislation stipulates that the tuition amount, if charged, be based on the current year’s TISA per-pupil funding. It also establishes an appeal process through the Tennessee Department of Education to make the final determination on the lawful status of the student.
Beginning with the 2025-26 school year, Senate Bill 836 requires each LEA to track and report the number of students who enroll without a valid birth certificate. That data must be submitted to the Tennessee Department of Education, which will then provide the information to the Speakers of the House and Senate.
This financial burden of illegal immigration on schools was recently highlighted at a Rutherford County Board of Education meeting on Jan. 23. School board members passed a resolution asking leaders to expedite closure of the nation’s borders and increase funds for English as a Second Language (ESL) programs. According to the school board, Rutherford County has experienced a “significant surge in its English Learner (EL) population, with an increase of more than 140% in the past decade.” The school board said it has more than 8,370 ESL students enrolled this year, costing the district an additional $3,500 per student to educate.
Watson points out that in the dissenting opinion of the Plyler decision, the four opposing justices raised the same financial concerns that Senate Bill 836 seeks to address. The 1982 dissenting opinion says:
“The dispositive issue in these cases, simply put, is whether, for the purposes of allocating its finite resources, a state has a legitimate reason to differentiate between persons who are lawfully within the state and those who are unlawfully there.”
“The Plyler decision of 1982 was the voice of the Court being imposed on the people,” said Watson. “This legislation is the voice of the people being exercised through their elective representative. This is how our American democratic republic works. This is the debate citizens were deprived of by that 1982 decision.”
The costs of illegal immigration remain a national concern. In 2023 alone, American taxpayers spent an estimated $151 billion at the federal, state and local levels to cover the costs associated with illegal immigration.
A 2019 analysis of U.S. Census Bureau data by the Migration Policy Institute estimated 128,000 illegals were residing in Tennessee. The group estimated that approximately 10,000 were school-aged children enrolled in Tennessee public schools.
The companion house bill to Senate Bill 836 is moving through committees in the House of Representatives.
Tennessee Senate committee advances bill to combat human smuggling of illegal immigrants
A measure aimed at strengthening public safety by targeting human smuggling of illegal immigrants advanced out of the Senate Judiciary Committee this week.
Senate Bill 392, sponsored by Senator Brent Taylor (R-Memphis), seeks to crack down on human smuggling in Tennessee by creating new criminal offenses for transporting and harboring individuals unlawfully present in the United States.
“This bill targets those who profit off of smuggling illegal immigrants into the United States,” said Taylor. “Human smuggling is a multi-billion-dollar criminal enterprise that violates our rule of law, endangers our communities, and threatens the lives of victims, especially children. Strong penalties are essential to deter this dangerous activity and protect children from being swept into human trafficking.”
The legislation creates a Class E felony offense for human smuggling. A violation of the offense would include:
Knowingly transporting and concealing an illegal immigrant from law enforcement for financial gain
Encouraging or influencing someone to enter or remain in the country illegally while shielding them from detection
Additionally, the bill establishes the offense of aggravated human smuggling as a Class A felony when the victim is under the age of 13.
The bill makes it a Class A misdemeanor to harbor or aid in harboring an undocumented individual in the state. Offenders would face a $1,000 fine for each person harbored.
Senate Bill 392 also strengthens Tennessee’s existing human trafficking laws by including the promotion of minor prostitution as a criminal trafficking offense. Furthermore, the bill authorizes the Tennessee Attorney General to take legal action against individuals or organizations suspected of participating in human trafficking operations within the state.
The legislation now heads to the Senate floor for further consideration.
Senate votes to ensure merit-based admissions, scholarship opportunities
This week, the Tennessee Senate passed legislation aligning state higher education policies with a 2023 United States Supreme Court decision that ended affirmative action – the practice of higher education institutions basing admissions and scholarship awards on an applicant’s race.
Sponsored by Senator Paul Rose (R-Covington), Senate Bill 376 prohibits public and private higher education institutions in Tennessee from deciding admission, scholarship, or financial aid awards based on race, color, ethnicity, or national origin. The legislation ensures students are evaluated on an equal platform based on their merit, with no preference given based on the student’s race. Students who believe they have been denied opportunities based on their identity may pursue legal action.
“No student should be denied admissions or scholarships awards due to their race, ethnicity or national origin,” said Rose. “I am grateful the Supreme Court agreed and put an end to racist affirmative action policies throughout the country. This legislation aligns Tennessee law with federal policies, ensuring that no student in Tennessee faces discrimination based on their race or background when applying to higher education institutions in our state.”
In 2023, the United States Supreme Court decided that race-based admissions decisions and scholarship awards were unconstitutional. The case brought against Harvard and the University of North Carolina ultimately put an end to affirmative action.
Senate Bill 376 awaits passage in the House before heading to the Governor’s desk for his signature.
Senate combats antisemitism in public education
The Tennessee State Senate has passed legislation to combat antisemitism in public education institutions. Senate Bill 1209, sponsored by Senator Paul Rose (R-Covington), seeks to ensure public schools and universities are aligned on the definition of antisemitism and aims to improve responses to antisemitic events on these campuses.
“We’ve seen a rise in antisemitic acts not only here in Tennessee, but around the world,” said Senator Rose. “Many Tennesseans, especially on high school and college campuses, face real threats every day. By promoting education and awareness, this bill takes a vital step toward ending this hatred.”
The legislation requires all public institutions of education—including local education agencies, public charter schools, and public colleges and universities—to integrate the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism into their student, faculty, and employee codes of conduct. In addition, schools and universities are encouraged to provide antisemitism awareness training for students, faculty, administrators, and campus law enforcement, where appropriate.
Under the new law, the Tennessee Department of Education must designate a Title VI coordinator to monitor and respond to antisemitic discrimination and harassment in public K–12 schools. Each governing board of public higher education institutions will appoint a similar coordinator for colleges and universities. These coordinators are responsible for investigating all reported incidents of antisemitism and ensuring appropriate action is taken.
Senate Bill 1209 has now been approved by both chambers of the legislature and awaits the Governor’s signature.
Senate advances stronger GPS monitoring standards to better protect domestic violence victims
Legislation building on efforts to protect victims of domestic violence in Tennessee passed the Senate Judiciary Committee this week.
Senate Bill 601, sponsored by Senator Paul Rose (R-Covington), builds on the Debbie and Marie Domestic Violence Protection Act, a law passed in 2024 that requires suspects accused of aggravated assault in certain domestic violence cases to wear a GPS monitoring device if released on bond.
This year’s legislation establishes critical standards for GPS monitoring companies operating in Tennessee, ensuring consistent and reliable protection for victims.
“The Debbie and Marie Domestic Violence Protection Act passed last year was a major step in protecting victims of domestic violence in Tennessee, especially women,” said Rose. “Senate Bill 601 makes necessary improvements to ensure the law is not only effective but also enforced with accountability and urgency.”
Senate Bill 601 strengthens GPS provider requirements by ensuring 24/7 monitoring and immediate law enforcement notification of violations. It requires counties and municipalities to contract with qualified providers, but limits their liability and clarifies they are not responsible for notifying victims. Under the legislation, courts must be quickly informed if a defendant misses payments, leading to a hearing where bond may be revoked, payment required, or alternative funding sought. It clarifies providers are not required to continue services without compensation.
The 2024 law was named in honor of Debbie Sisco and Marie Varsos. Both women were killed in 2021 by Varsos’ estranged husband Shaun who was out on bond for strangling his wife and threatening to shoot her a month earlier. There were 61,637 victims of domestic violence statewide in 2022, according to the most recent data from Tennessee Bureau of Investigation.
Senate Bill 601 now heads to the Senate Floor for final consideration.
Protecting firearm manufacturers from civil liability
To protect firearm manufacturers from frivolous civil liability lawsuits, the Senate Judiciary Committee passed Senate Bill 1360. Sponsored by Senator Joey Hensley (R-Hohenwald), the bill aims to protect manufacturers, dealers and sellers of firearms, ammunition and other weapons from out-of-state or foreign lawsuits seeking damages for the criminal misuse of their products.
This bill expands a law that Hensley championed in 2023 to give these entities the same protections provided by the Protection of Lawful Commerce in Arms Act (PLCAA) on the state level, protecting firearm manufacturers and sellers from being held liable for crimes committed with their products.
“Tennessee is ranked #1 in the nation for firearm industry employment, with nearly 8,000 jobs and approximately $1.1 billion in annual contributions to the state’s economy,” said Hensley. “We must continue to protect these businesses from burdensome frivolous lawsuits. Firearm manufacturers have chosen Tennessee as their home for a reason—let's keep it that way."
Under the bill, lawsuits can be brought only if it can be proven that the manufacturer or seller directly caused the harm, like selling a defective product or criminal misconduct. This bill also increases restrictions on local governments to regulate and enforce certain laws and policies related to firearms and ammunition.
The bill now heads to the Senate Floor for final consideration.
Improving communication between parents and schools
The Senate passed Senate Bill 895, a measure sponsored by Senator Ferrell Haile (R-Gallatin) aimed at clarifying the law regarding parental consent requirements at school and enhancing communication between parents and school administrators, while safeguarding students’ well-being.
“Previous legislation made it such that schools and teachers were unsure if they needed parental consent to administer basic, non-emergency care such as providing bandaids,” said Haile. “The changes in this bill will provide clarity on that issue, ensuring teachers and school officials feel confident they can respond appropriately to children’s needs without fear of legal recourse.”
Senate Bill 895, makes changes to the 2024 Family Rights and Responsibilities Act which explicitly outlines twelve fundamental rights of parents, including the responsibilities to make education, healthcare, moral and religious decisions for their child.
Changes proposed under the bill to safeguard students’ well-being, while protecting parental consent include:
Non-Emergency First Aid: Specifies that parental consent is not needed to administer non-emergency first aid—such as dressing minor wounds and applying ice—to minors in need.
Screenings for Abuse and Trafficking: Empowers healthcare providers to screen minors for trafficking or abuse, enhancing protections for vulnerable children.
Religious Absences: Requires parents to meet with the school if their child misses 20 or more days for religious purposes, reinforcing collaboration between families and educators.
Parental Consent for Recordings: Clarifies that parental consent is required before schools can publish recordings of students, ensuring the protection of children’s privacy.
Preventative Counseling: Clearly defines the role of licensed school counselors and psychologists, focusing on providing preventative counseling services to students.
While existing law upholds parents’ fundamental right to excuse their children from school for religious reasons, Senate Bill 895 strengthens communication between parents and school officials without infringing on families’ autonomy.
Senate recognizes heroic responses during Hurricane Helene
This week, the Senate recognized the heroic efforts of Tennessee citizens, community organizations, and government agencies that quickly responded to the needs of others during the catastrophic flooding from Hurricane Helene in Northeast Tennessee last fall. On September 27, 2024, Torrential rains caused severe damage in Carter, Cocke, Grainger, Greene, Hamblen, Hawkins, Jefferson, Johnson, Sevier, Sullivan, Unicoi, and Washington counties – claiming 18 lives, destroying over 500 homes and displacing thousands of Tennesseans.
On Thursday, representatives from groups who coordinated response efforts during this tragedy were recognized on the Senate floor for their heroism and presented with Senate Joint Resolution 43.
“These individuals and their colleagues represent what it means to be a Tennessean and embody the Volunteer spirit,” said Senator Massey, the sponsor of the resolution. “Thanks to their selflessness, those in need were met with emergency and medical assistance, moral and financial support, and, most importantly, love and understanding.”
Over 10 state departments are recognized in the resolution including the office of Governor Bill Lee, state employees, firefighters, healthcare personnel, law enforcement, church groups, and the many others who offered assistance for the affected communities.
More storms, historic flooding affect Tennessee
On Monday, the State Senate took a moment of silence to honor those who were affected by severe weather across Tennessee. With a total of 10 lives lost, tornadoes and rain ravaged the state over the last week, leaving many in need.
“We pray for those who lost their friends and families, their homes, and their livelihoods in this severe weather,” said Senator Page Walley (R-Savannah), whose West Tennessee district was impacted by the storms. “We are fortunate to live in a great state with agencies, organizations, and teams who are willing and able to step up in this unfortunate situation.”
The Tennessee Emergency Management Agency reports that damage assessments and recovery efforts are underway.
In Brief…
Legislation holds local governments accountable for evading state laws - The Senate State and Local Government Committee passed Senate Bill 845 to hold local governments accountable by withholding state funds for evading or ignoring state law or the Tennessee Constitution. Sponsored by Senator Adam Lowe (R-Calhoun), this bill will allow a member of the General Assembly to request the Attorney General’s office to investigate a local government suspected of violating state law. If the local government refuses to correct its violation within 30 days, the state could withhold funding. State funding would be restored if a local government corrects its violation and begins following state law. Senate Bill 845 now moves to the Senate Floor for further consideration.
Reforms to voting rights restoration - A bill to ease the process of restoring a person’s right to vote in Tennessee after a felony conviction passed the Senate Judiciary Committee this week. Senate Bill 407, sponsored by Chairman Todd Gardenhire (R-Chattanooga) would allow for the restoration of one or more rights of citizenship, including the right to vote, when certain conditions are met. This legislation ensures suffrage can be regained without the right to possess a firearm reinstated. Under this bill, individuals convicted of felony offenses will need to complete the restoration process separately for each conviction. Certain crimes such as murder, aggravated rape, treason, and voter fraud will result in permanent disqualification from regaining voting rights. The legislation doesn’t change Tennessee’s eligibility requirements but allows for people to regain suffrage without full restoration of rights and would still prohibit felons from possessing firearms.
Allowing pre-K teachers to use reading screeners for evaluations - The Tennessee State Senate has passed Senate Bill 1003, expanding evaluation options for pre-K through second-grade teachers. Sponsored by Senator Joey Hensley (R-Hohenwald), the bill allows teachers to use state-approved universal screeners as an alternative growth model for performance evaluations. The State Board of Education must approve at least one pre-K screener not based on the current portfolio model, aligning pre-K evaluation options with those already available for kindergarten through second-grade teachers. Senate Bill 1003 will now be considered by the state House.
Committee to evaluate changes to teacher evaluation, standardized testing - The Tennessee State Senate has passed Senate Bill 415 which aims to create a joint legislative advisory committee to analyze changes to various education requirements and policies to improve outcomes for students and educators. Sponsored by Senator Adam Lowe (R-Calhoun), this bill would create a committee that will evaluate the following:
Teacher and principal evaluations
Standardized testing for K-12 students
Screening requirements for response to intervention (RTI) in schools
Health coverage and compensation for educators
Expanding teaching permits
Allowing CTE courses to substitute for graduation requirements
The committee will develop strategies and suggestions to be reported to the general assembly and TN Department of Education by the end of 2025. The purpose of this review is to support students and educators across the state.
Senate Bill 415 goes to the House for further consideration.
Efforts to combat bullying - This week the Senate passed Senate Bill 170 in an effort to combat bullying. Sponsored by Senator Adam Lowe (R-Calhoun), this bill requires a one-year suspension of a minor’s driving privileges or ability to obtain a driver’s license if they are adjudicated delinquent for harassment, including bullying or cyberbullying. In some cases, the child may apply for a restricted license allowing them to drive only to school, work, or church. This punishment will serve as a deterrent and ensure children are appropriately punished for bullying and harassment charges. Senate Bill 170 passed both the House and Senate and now advances to the Governor’s desk for his signature.
Expanding the definition of racketeering - To expand the definition of racketeering activity, the Senate Judiciary Committee passed Senate Bill 657. Sponsored by Senator Joey Hensley (R-Hohenwald), the bill extends the Racketeer Influenced and Corrupt Organization (RICO) Act of 1989 by adding organized retail crime, carjacking, and possession or employment of a firearm during the commission of a dangerous felony.
A violation of the RICO Act is a Class B felony offense. Violators face a fine up to $250,000, a minimum of 12 years in prison and up to 30 years for career offenders.
The bill now heads to the Senate Floor for final consideration.
Increased penalties for reckless endangerment - To provide harsher penalties regarding reckless endangerment, the Senate Judiciary Committee passed Senate Bill 163. Sponsored by Senator Joey Hensley (R-Hohenwald), the bill raises the penalty for reckless endangerment involving the discharge of a firearm or antique firearm into a place of dwelling or vehicle from a Class E felony to a Class C felony if occupied. If unoccupied, the offense becomes a Class D felony. Senate Bill 163 now heads to the Finance Committee.
Permitting private security to carry shotguns and rifles -The Senate Judiciary Committee unanimously passed Senate Bill 1384 this week to allow certain private security guards to carry shotguns or rifles with a license. Sponsored by Senator Bo Watson (R-Hixson), the bill establishes a certification process for "enhanced armed guards," requiring specific training and qualifications. To qualify, guards must have law enforcement or military experience, pass a criminal background check and psychological evaluation, and complete specialized training, including legal, weapon handling, and scenario-based exercises on using rifle-caliber weapons. Certified guards can carry these weapons only under certain conditions and must securely store them when not in use. Certification lasts one year, with an annual background check for renewal. The bill now heads to the Senate Floor for a final vote.
Municipal judges requirements and qualifications -The Senate Judiciary Committee passed Senate Bill 255 this week. Sponsored by Senator Todd Gardenhire (R-Chattanooga), the bill allows municipal judges elected or appointed before March 7, 2025, who met the qualifications at the time, to stay in office even if they don’t meet new residency requirements. These judges will be considered de facto officers, and their actions will remain valid during their term. The new residency requirements from McNabb v. Harrison will apply to the next election for affected judges. However, this does not exempt judges from other qualification or eligibility requirements. The bill now heads to the Senate Floor for final consideration.
Adding more assistant public defenders -To assist public defenders and their workload, the Senate Judiciary Committee passed Senate Bill 445. Sponsored by Chairman Todd Gardenhire (R-Chattanooga), the bill adds five additional assistant district public defender positions. These positions will be assigned to where the greatest caseload currently is. Senate Bill 445 now heads to the Finance Committee for fiscal review.
Bond fee structure -To improve the bail bond structure, the Senate Judiciary Committee passed Senate Bill 464. Sponsored by Senator Todd Gardenhire (R-Chattanooga), the bill clarifies Tennessee's bail bond fee structure, requiring professional bondsmen and insurance agents to charge a premium of no less than 5% and no more than 10% of the bond’s face value. Tennessee residents must pay exactly 10%, while non-residents pay between 10% and 15%. It also allows bondsmen to collect at least 50% of the premium upfront. This provides a bracket and additional structure to the current system. The bill now heads to the Senate FLoor for final consideration.
Fugitive database listing -The Senate Judiciary Committee passed Senate Bill 1133 by Chairman Todd Gardenhire (R-Chattanooga) this week. The bill requires that when a court issues a bench warrant or capias, the defendant must be listed as a fugitive in state and federal databases, including the National Crime Information Center. The judge must sign the warrant by the end of the day, and the clerk must send it to the entering agency within one business day. Senate Bill 1133 now heads to the Senate Calendar for final review.
Strengthening enforcement of civil rights protections - To strengthen enforcement of civil rights and enhance public safety, the Senate Judiciary Committee passed Senate Bill 30. Sponsored by Senator Mark Pody (R-Lebanon), the bill creates new misdemeanors: a Class B for putting unauthorized signs on highways, a Class A for civil rights intimidation through littering or trespassing, a Class C for giving false ID to police, and a Class B for approaching an officer within 25 feet after being told to stop. It also makes transporting someone in a box truck's cargo area a Class B misdemeanor. The bill now heads to the Senate Floor for final consideration.
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