Tennessee House Republicans overwhelmingly approved a comprehensive immigration bill on Thursday. The legislation includes the creation of a new state enforcement office, the provision of grants to law enforcement agencies, the establishment of distinct licenses for noncitizens, and the criminalization of public officials’ support for sanctuary policies.
The vote followed the Senate’s approval of Governor Bill Lee’s immigration enforcement package on Wednesday. The bill is set to become law once signed by the governor. No Democrats in either chamber of the Tennessee Legislature voted in favor of the bill.
The bill’s passage has raised concerns over the constitutionality of a provision that creates a Class E felony, punishable by up to six years in prison and a $3,000 fine, for any public official who votes in favor of so-called sanctuary policies. The Legislature’s own attorneys have advised lawmakers that the measure is “constitutionally suspect.” Within an hour of the House vote, the ACLU of Tennessee announced it would challenge the measure in court.
“This authoritarian legislation is incompatible with the bedrock American values of democracy and the rule of law, and we have no choice but to challenge it in court,” said Stella Yarborough, the legal director of the ACLU of Tennessee, in an email statement.
The Nashville Metro Council Immigrant Caucus also issued a statement, saying, “We’ll see you in court.” Councilmember Sandra Sepulveda said they were “exploring all of our legal options” regarding potential involvement in the ACLU’s legal actions.
On the House floor, House Majority Leader William Lamberth defended the criminal penalties against criticism from Democratic colleagues, who described the provision as “constitutionally insane,” “dangerous precedent,” “immoral,” and “authoritarian.” Lamberth countered, “Easiest crime in the world to avoid. Just don’t vote in favor of sanctuary cities.”
Under Tennessee law, sanctuary policies are defined as those that prohibit communication with federal officials to “verify or report immigration status of any alien” or grant undocumented immigrants the “right to lawful presence within the boundaries of this state.” A 2018 Tennessee law already bars local governments from enacting sanctuary policies. Lamberth argued that the existing law lacked enforcement power.
The new felony charge would apply to any public official who votes in favor of a sanctuary law, policy, or resolution. It would cover city councils, county commissions, school boards, and city and county mayors.
The bill will also create separate and temporary driver’s licenses with “visually distinctive markers” for noncitizens. Previously, noncitizens such as green card holders could obtain the same Tennessee licenses and IDs as citizens.
The legislation also establishes a four-person state immigration enforcement division within the Tennessee Department of Safety & Homeland Security. The division will coordinate with the federal government and oversee the distribution of state immigration enforcement grants to local law enforcement. The division will be funded by approximately $500,000 from state taxpayers annually.
An amendment added to the bill this week keeps the division’s work confidential, creating a new exemption to the state’s public records law. The exemption applies to all records collected by the division, not just those received from federal, state, and local entities.
Republican lawmakers allocated $5 million in grants, distributed by the immigration division, to county sheriffs and police departments that agree to participate in the federal 287(g) program. This program allows local police and sheriff deputies to enforce federal immigration laws. Currently, only Greene and Knox Counties in Tennessee participate in the 287(g) program.
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