Immigration bill
They beat drums and chanted slogans. “Education is a RIGHT for ALL,” read one protest sign bobbing above the crowd. “ALL CHILDREN DESERVE PUBLIC EDUCATION,” read another.
About 80 community members and activists gathered earlier this month in the parking lot of Su Casa Family Ministries to protest a bill now before the Tennessee General Assembly that would deny a free public education to immigrant children living here without legal authorization.
House Bill 793 and its counterpart Senate Bill 836 would require all K-12 students enrolling in public or charter schools to show proof that they are either U.S. citizens or have some sort of legal immigration status.
SB 836 is scheduled for a hearing Tuesday before the Senate Finance and Ways Committee.
“It’s almost like a new version of Jim Crow,” said Mauricio Calvo, President and CEO of Latino Memphis. He was one of the rally organizers.
The proposed bills would also authorize school districts to charge students who cannot prove they are in the country legally.
According to Calvo the fees would be determined by the Tennessee Investment in Student Achievement formula.
“They’re not saying don’t go to school, they’re saying you have to pay tuition, which depending on who you ask, could go from $8,000 to $15,000.”
About a dozen speakers, including lawyers, teachers, students and refugees, took the microphone to voice their concerns.
University of Memphis Law Professor Daniel Kiel was one of them.
“State law and federal law says no student can be excluded from school,” said Kiel. “Not because of the language they speak, or the color of their skin, or where they came from.”
Article XI of the Tennessee Constitution says, “The General Assembly shall provide for the maintenance, support, and eligibility standards of a system of free public schools.”
Additionally, in Plyler v. Doe the U.S. Supreme Court ruled that “states cannot constitutionally deny students a free public education on account of their immigration status.”
But during a Mar. 11 House hearing, Rep. William Lamberth (R-Portland) said school districts should have the final word.
“Allow them to make the decision on asking all the information that they need to determine whether someone is legally here,” Lamberth said. “And then decide whether or not they choose to move forward to educating that child or not.”
The Institute for Public Service Reporting reached out to the bills’ sponsors, including Rep. Lamberth, but have not received an answer.
One of the protesters, activist Jose Salazar, wore a black T-shirt with HB 0793 written in white letters inside a red prohibition sign. He is a former undocumented student whose parents migrated from Mexico to Memphis when he was eight years old.
“I feel the need to speak up for the community, especially right now in these hard times that people are really afraid to even raise their voice,” he said.
Salazar, now 33, said the bill goes after children to punish the parents: “I mean, this is inhumane. Education is not a privilege.”
Drumbeats, chants and a group of dancers kept spirits high as the sun went down.
Meanwhile, Salazar and other community activists have vowed to keep fighting for all children to receive a free education.
“It’s a human right, and it’s not up for negotiation, so we’re going to keep fighting until we beat this bill,’’ he said.
