(The Center Square) – A Tennessee law that makes it illegal to be in the state with a pending deportation order will take effect on Wednesday after a federal court challenge was dismissed.
The National Immigration Law Center and the American Civil Liberties Union filed the suit in U.S. District Court on behalf of two people, identified only as Lucy and Benjamin in court documents, who said they could be affected by the law, which carries a penalty of up to a year in jail.
The plaintiffs did not show that they are subject to valid and outstanding removal orders and lacked standing, U.S. District Court Judge Eli Richardson said in the order.
Richardson also denied a motion that would have allowed the plaintiffs to create a class action lawsuit.
Gov. Bill Lee signed House Bill 1704 into law after a debate among members of the General Assembly over whether it would stand up to legal scrutiny.
Lawmakers in Texas, Iowa and Oklahoma passed similar laws that were challenged by the Department of Justice under the Biden administration. The Trump administration dismissed the challenges.
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.
The bill is one in a series of Republican-backed bills addressing illegal immigration that will take effect on Wednesday.
State and local governments will be required to verify a person’s authority to work in the U.S. through the federal E-Verify system beginning Wednesday. House Bill 2018 mandates that local law enforcement agencies enter into 287(g) agreements with U.S. Immigration and Customs Enforcement. Ninety state agencies participate in one of the models, according to ICE’s website.
A hearing will be held on Thursday in a case challenging a requirement that health departments check the immigration status of benefit recipients.
House Bill 1710/Senate Bill 1915, which will cost the state $131,000 to implement, according to the bill’s fiscal note, requires state agencies to check the immigration status of benefit recipients.
The Davidson County Chancery Court issued a temporary injunction after the Tennessee Justice Center filed a motion in Davidson County Chancery Court on behalf of three physicians.
