Clarksville-Montgomery School Board Rejects Resolution to Oppose Legislation That Would Allow School Districts the Option of Denying Undocumented Children

The Clarksville-Montgomery BOE voted against a resolution opposing a state bill Tuesday night. (CMCSS)

The Clarksville-Montgomery County Board of Education voted 3-2  Tuesday night against a resolution opposing a controversial state bill involving the education of immigrant  children, after an emotional meeting that drew sharp constitutional, moral, and religious appeals from community members.

The resolution, introduced by District 1 board member Carol Berry, called on the board to publicly oppose the House Bill 793 that would give school districts the ability to deny undocumented children or charge their families tuition.

 The resolution failed on a 2-3 vote, with one abstention and one member not voting.

Challenge to Plyler v. Doe

House Bill 793 drew statewide attention when lawmakers filed it earlier this year.

The 1982 U.S. Supreme Court overturning Plyler v. Doe guarantees all children, regardless of immigration status, are entitled to a free public education and supporters of House Bill 793 hoped it might be used to overturn that decision.

The legislation passed the State Senate and advanced through multiple House Committees.  It could receive final passage next year.

“A Draconian Suggestion”

Tuesday night several speakers in urged the Clarksville-Montgomery County Board of Education to pass the resolution opposing House Bill 793, warning that the legislation would not only violate federal law but also tear apart trust between schools and families.

“In 1982, the Supreme Court ruled in Plyler v. Doe that all children, regardless of immigration status, have a constitutional right to public education,” said Ora Dorsey, one of several residents who addressed the board. “HB 793 would create fear in our schools. It would force teachers to become immigration enforcers instead of educators.”

Catherine Garrigan called the legislation “exceptionally cruel,” arguing that “it punishes children for being born to immigrants” and violates the Equal Protection Clause of the U.S. Constitution. She also cited data showing immigrants contributed $4.5 billion to Tennessee’s economy in 2023.

Another speaker, Jeanneth Sangurima-Quiles, appealed to both constitutional and biblical principles.

“Although the Bible doesn’t directly address modern illegal immigration,” she said, “it emphasizes compassion and justice for vulnerable foreigners. God’s law for justice and mercy is a higher authority than civil law.”

Board Split on Whether to Weigh In

Board member Jimmie Garland of District 5 supported the resolution, calling the bill “a draconian suggestion” and urging colleagues to act.

“If they can stop an immigrant from getting a free public education, they can stop me,” Garland said. “Who’s next? We should address this now and in the affirmative — that we oppose any suggestion a child living in Tennessee cannot get an education simply because of who they were born to.”

District 7 Board Member Aron Maberry pushed back on the resolution, arguing it was “a partisan push” and said the local board should not weigh in on state policy. Maberry also serves as a State Representative for House District 68. The Clarksville Republican voted twice for House Bill 793 in committee last year.

“We haven’t had the witnesses or debate that the State House has,” Maberry said. “Our job is to serve this community and implement what the state tells us.” Maberry added that HB 0793 seeks to challenge Plyler v. Doe to pressure Congress to fix what he called a “broken immigration system.”

Mayberry joined board members Chris Lanier and Kacie Bryant opposing the resolution while board members Garland and Carol Berry supported it.

As the vote was announced, members of the audience shouted, “Why do y’all hate children?” before being asked to leave the boardroom.

 

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