The Tennessee Senate passed a bill Tuesday that would make it a state crime for illegal immigrants to remain in the Volunteer State after a federal deportation order, setting up a potential showdown with federal immigration law.
The measure passed 26-6 in the Republican-controlled Senate. The House had already approved it 73-22. If signed by Gov. Bill Lee, violators with a final removal order would have 90 days to leave Tennessee before facing a Class A misdemeanor charge.
The penalty: up to 11 months and 29 days in jail, a fine of up to $2,500, or both. A separate Class A misdemeanor would apply to migrants who re-enter or attempt to re-enter Tennessee after deportation.
“When someone has exhausted all their options and they’ve been told to leave the country, it is illegal for them to stay, both under federal law, and if this bill passes, it would be a misdemeanor for them to enter in, or remain in, the state of Tennessee,” said House Majority Leader William Lamberth, the bill’s sponsor, during a House Judiciary Committee hearing.
Lamberth framed the bill as a direct challenge to decades-long limits on how far states can go in immigration enforcement.
The measure is part of a broader Tennessee legislative push that includes restricting public benefits to illegal immigrants and expanding state cooperation with federal ICE operations.
Critics, including immigration advocates and some legal scholars, argued the bill may conflict with federal supremacy over immigration law and could strain state courts. The Tennessee Lookout reported concerns that the legislation would burden local prosecutors with cases that traditionally fall under federal jurisdiction.
