Todd Gardenhire makes a point in this file photo.NASHVILLE -- State senators gave overwhelming approval on Thursday to Sen. Todd Gardenhire's bill granting in-state tuition rates at state colleges to undocumented Tennesseans brought to the U.S. as children and designated as "lawfully present" by the federal government.
The Chattanooga Republican's measure passed on a 21-12 vote. The bill remains in the House Budget subcommittee.
"I was surprised at the margin," Gardenhire said. "That's pretty remarkable. I think this margin gives it a real boost in the House. They were sort of waiting to see what we did."
Gardenhire's proposal would affect students deemed lawfully present in the U.S. through the federal Deferred Action for Childhood Arrivals (DACA).
If the bill passes the House, the would-be students would be able to attend University of Tennessee and Tennessee Board of Regents institutions at in-state tuition rates. Currently, they have to pay out-of-state rates that can be triple the in-state rate, posing a difficult and for many impossible financial barrier to those aspiring to go to college.
Gardenhire, who has a large number of Hispanic families in his district, says the bill is fair and will lead to improved lives for immigrants in terms of higher incomes, and ultimately benefit taxpayers because figures show people with college degrees have higher incomes and need fewer government services.
Sen. Joey Hensley, R-Hohenwald, a bill opponent, continued to criticize the measure on the floor.
"They're here illegally," Hensley said. "We are rewarding people that have broken the law."
Gardenhire has argued the undocumented Tennesseans who would benefit were brought to the U.S. as children and had no choice in the decision. They shouldn't be punished for their parents' actions, he says.
The bill has undergone several changes. As passed by the Senate, it requires students to have graduated from a Tennessee high school, have a GED or have completed high school in a Tennessee-based home-school program.
The DACA provisions provide what advocates say is an appropriate screen. It allows a person brought to the U.S. by their parents to apply for lawful presence and a work permit if they meet a set of requirements. The list includes being under age 16 when they came to the country, having lived in the U.S. continuously for at least five years and graduated from a high school, and passing a criminal background check.
They also have to have arrived in the U.S. prior to June 15, 2007, have been 31 years or younger in 2012, complete a lengthy application and pay $465.
Sen. Steve Dickerson, R-Nashville, told colleagues he was supporting the bill.
"A lot of times I sit around and think, why am I in the state Senate?" he said, adding, the "reason I am here is to expand the American dream." That's done through education, he said.
Those voting no included Sen. Bo Watson, R-Hixson, and Sen. Mike Bell, R-Riceville.
Contact staff writer Andy Sher at asher@timesfreepress.com or 615-255-0550.