(The Center Square) – A bill that creates a state illegal immigration crime passed the Tennessee Senate after debate over its constitutionality and is on its way to the governor.
House Bill 1704 creates a class A misdemeanor punishable by up to 12 months in jail if a person with a final deportation order doesn’t leave the state within 90 days.
The bill also creates a crime for persons who try to enter the state if they have a deportation order in place, but that part could only take effect if the U.S. Supreme Court overturns Arizona vs. the U.S. The 2012 case held that the state lacked the authority to enforce immigration laws.
Texas, Iowa and Oklahoma lawmakers passed similar laws that were challenged by the Department of Justice under the Biden administration. The Trump administration dismissed the challenges, but other lawsuits were filed.
“The only rationale that the sponsor offered is, if the federal government is not enforcing it, this gives Tennessee a pathway to enforce it,” said Sen. Jeff Yarbro, D-Nashville. “That actually is like worse for the constitutional case. The people of Tennessee sent us here to adopt laws, not to just create new lawsuits.”
House Majority Leader Jack Johnson, R-Franklin, said he believes the first section of the bill would “withstand judicial scrutiny.”
The bill is one in a series of Republican-backed bills addressing illegal immigration.
Legislation requiring state and local governments to verify a person’s authority to work in the U.S. through the federal E-Verify system passed the House of Representatives on Monday. House Bill 1705/Senate Bill 1922 is awaiting approval from the Senate.
Another bill that would require local governments to use E-Verify to determine eligibility for benefits passed the Senate on March 30 and is on the House Finance, Ways and Means subcommittee agenda for Wednesday.
The subcommittee has two other immigration-related bills on its calendar. If it passes, House Bill 2219 mandates that a local government comply with a court order regarding unlawful sanctuary policies within 120 days. The Senate version of the bill is still moving through committees.
Also on the subcommittee’s calendar is House Bill 1711, which would require local law enforcement agencies to submit quarterly reports to Tennessee’s Centralized Immigration Enforcement Division on illegal gang activities and immigration law violations. Local school systems, public colleges and universities, prisons, hospitals and social service agencies would be obligated to file annual reports on the costs of providing services to people not legally in the U.S. The Senate version of the bill is in the State and Local Government Committee.
