This story was produced in collaboration with the Institute for Public Service Reporting.
This week, Tennessee's Senate Finance Ways and Means Committee takes up their version of an immigration bill introduced last month that could remove the right to a free public education to undocumented children.
The bill was the focus of a recent protest at Su Casa Family Ministries. At the gathering of about 80 people, many held signs that read “Education is a RIGHT for ALL," and “ALL CHILDREN DESERVE PUBLIC EDUCATION.”
That has been the case since 1982, when the Supreme Court ruled that states cannot constitutionally deny students a free public education on account of their immigration status.
HB-793 and its counterpart SB-836 ignore that ruling. The legislation 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. School districts can reject students who don’t, or require them to pay tuition.
"It's almost like a new version of Jim Crow," said Mauricio Calvo, President and CEO of Latino Memphis. He said these laws aim to make life more difficult for immigrants in the state.
“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," Calvo said.
About a dozen speakers, including lawyers, English as a Second Language teachers, students and refugees, took the mic to voice their concerns.
"State law and federal law says no student can be excluded from school," said University of Memphis Law Professor Daniel Kiel. "Not because of the language they speak, or the color of their skin, or where they came from.”
Article 11 of the Tennessee Constitution says, “The General Assembly shall provide for the maintenance, support, and eligibility standards of a system of free public schools.”
But during a Mar. 11 House hearing, Rep. William Lamberth said school districts should have the final say.
“I'm asking you just to give it to the local school districts. Allow them to make the decision on asking all the information that they need to determine whether someone is legally here and then decide whether or not they choose to move forward to educating that child or not,” Lamberth said.
We reached out to the bills’ sponsors, including Rep. Lamberth, but have not received an answer.
Community activist Jose Salazar migrated from Mexico to Memphis with his parents when he was eight. As a student, he was undocumented.
“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,” said Salazar, 33.
He says the bill goes after children to punish the parents. " I mean, this is inhumane. Education is not a privilege. It's a human right, and it's not up for negotiation, so we're going to keep fighting until we beat this bill."
Drum beats, crowd chants and a group of dancers keep the spirits high while the sun goes down.
As Tuesday’s hearing approaches, community activists have vowed to keep fighting for all children to receive a free education.