Tennessee Government Council Urges Legislature To Give Illegal Immigrant Kids ‘Legal’ Status At 18

Changes would allow taxpayers to fund legal services, college and auto repairs for those who have left the foster care system.

A Tennessee government council has asked the state legislature for certain illegal immigrants to receive taxpayer-funded college education, vehicle repair, and legal representation.

In its annual report, the Tennessee Youth Transitions Advisory Council (created by the Tennessee General Assembly in order to assist the state with foster-care), called on the Tennessee General Assembly, to give legal status to children who are illegal immigrants so that they can qualify for extended foster-care services. The Tennessee General Assembly would have to consider giving legal status to illegal immigrant children 18 years old and older in order to qualify them for extended foster care services.

In its report for 2023, the council stated that “currently, youth brought into care who are undocumented are granted a special immigrant status juvenile while in care. However, they are not allowed to receive [extended care services].” The Tennessee General Assembly must explore all options to correct this disparity in treatment. This includes reclassifying these youths as legal aliens.

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The proposal to extend foster-care services to illegal immigrant children comes at a time when Tennessee is facing criticism for a lack of beds available for foster care kids, and reports indicate that illegal immigrants released by the Biden Administration plan to move to the Volunteer State.

If the General Assembly follows the advice of the Council, illegal immigrants who have left the foster care system will be able to receive free services. The report states that these services include financial aid for health care and tutoring, education fees, driver’s test fees, car repair, household furniture, housing related fees, child care assistance, and car insurance.

The report stated that “transitioning youth in the state need help resolving issues such as housing, like leases and evictions, family legal issues such as divorce or child custody, and possible criminal activities.” The Tennessee Bar Association and Access to Justice need to establish a free legal service program for 18-24 year-olds in need.

The Tennessee taxpayer could be on the hook for the defense costs of an illegal immigrant if they commit a crime such as rape or homicide between 18 and 24 years old after receiving extended foster care.

The Daily Wire reported that top state legislators told The Daily Wire the General Assembly does not intend to accept the recommendation, and that it might be necessary to evaluate the state’s support for the council.

The Daily Wire quoted House Speaker Cameron Sexton as saying, “The report of the council is misguided. It lacks understanding about immigration issues in America today.” “A legal alien who is qualified is in the country legally — an illegal immigrant, on the other hand, is not.” This recommendation will not be passed or even considered by the general assembly. However, we will examine whether this council should continue to exist.

Jack Johnson, the Tennessee Senate majority leader, also criticized the legislation and stated that the Senate did not intend to follow the recommendation.

Johnson told The Daily Wire that there was no appetite for the Senate to take up this misguided proposal, which would divert resources from Tennessee children who are legally in our country. It is not acceptable to change the immigration status of children who are in [Department of Children’s Services] care. This will never happen in Tennessee.

The advisory council also recommended that children who leave the foster care system and are no longer eligible for TennCare should continue to be covered by TennCare, with their tuition fees waived in higher education institutions throughout the state.

The advisory council will be chaired Cory Bradfield. Bradfield is currently a Program Director at the Tennessee Department of Health. He was previously a legislative aide to former Democratic State Lawmaker Beverly Marrero.

Bradfield, when asked by The Daily Wire about the work done by the council, said: “The recommendations in the report come from a wide range of stakeholders.” The Youth Transitions Advisory Council meetings are open to all. We invite any Tennessean who is interested to join our efforts to improve foster care services, and to support all children who are aging out of care.

Last year, a bill to dissolve the Tennessee Commission on Youth and Children (which is responsible for the council) was introduced with the support from Governor Bill Lee. However, the bill was withdrawn due to backlash. Johnson stated at the time that he was still concerned about the “lack” of accountability the commission had to the taxpayers via the legislative oversight process.

In recent years the number of unaccompanied minors who made it to the United States from other countries has skyrocketed. Some lawmakers and watchdogs suspect that adults use children to cross the borders in order to increase their chances of being paroled. Adults often abandon these children after using them as passports.

Nashville’s District Court judge approved recently a settlement agreement between Advocates for Immigrant Rights, a group, and the Tennessee Department of Children’s Services. Tennessee agreed to offer immigration services to all foreign-born foster children, including those who are in the United States without authorization.

The settlement requires Tennessee to assist children in obtaining special immigrant status juvenile, which will give them a faster path to legal residency. Casey Bryant is the head of Advocates for Immigration Rights. She is also a member of the LGBT Section Executive Committee for the Tennessee Bar Association.

Critics claim that it could encourage more illegal immigration, as it appears to be the default position of state that all illegal migrants under 18 years of age are placed on the pathway towards legal residency in the United States. DCS has not responded to requests for comment about the settlement.

The settlement calls for the state of California to refer all illegal aliens children to immigration advocates and to work with a network of immigration attorneys and nonprofit organizations in the state who can serve the needs of undocumented kids in DCS custody during their immigration court and United States Citizenship and Immigration Services proceedings.

Tennessee has agreed to give priority to older children because they will be more likely to leave the system as they age and may become deportable.

Advocates for Immigrant Rights (AIR) is a group dedicated to stopping deportations, delaying them and defending immigrants.