Tennessee lawmakers push to criminalize harboring, smuggling undocumented immigrants
The amended version of the proposed legislation would make it a Class A misdemeanor to hide an illegal immigrant, a Class E felony to hide or transport an illegal immigrant for financial gain, and a Class A felony to hide or transport an illegal immigrant under 13 years old for financial gain. The bill also expands the crime of human trafficking to include promoting the prostitution of a minor.
Rep. Chris Todd (R-Madison County) told lawmakers during a House Criminal Justice Subcommittee Wednesday his bill would target dangerous, illicit industries that grew under the Biden Administration 'due to malfeasant border policies and rampant illegal immigration.' Rep. Todd said these groups take advantage of vulnerable people by trafficking and/or holding and hiding them against their will.
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'We do not want them in a position where, especially against their will, are in a position of being solicited or trafficked or harbored against their will for someone else's gain,' Rep. Todd said. 'We're trying to tackle that, and this is an area of the law that we've discovered is missing a piece. We're trying to close that loop so folks don't get off the hook when they're doing this.'
However, Ashley Warbington, whose husband is undocumented, is worried the harboring portion of the bill could make it a crime to merely live with her husband.
'If I refuse to open up the door to ICE agents trying to separate us, will Tennessee prosecute me for protecting my family?' Warbington testified.
'I could give the example of any day of the week when we are at the house and I lock the door with my husband, but I think it goes past that. It goes with any interaction I may have in the community, with my son's friends, a school outing. I think there are so many examples where we could be at risk of violating this law if it passes,' Warbington told News 2 after the hearing.
Democrats added nonprofit groups that provide housing, transportation, and other services to undocumented people are also concerned about the bill's potential impact.
'I think we're punishing people and our organizations in our community that are trying to help people who have already suffered a lot,' Rep. Gabby Salinas (D-Memphis) said. 'It hurts my heart as a Tennessean to see these organizations that are trying to do good in our community to have to use part of their budget to fight something in the courts.'
However, Rep. Todd tried to assure lawmakers under the bill, these groups wouldn't be guilty for simply providing assistance.
'This creates a Class E felony offense for human smuggling, creates a Class A felony offense for aggravated human smuggling, and expands the offense of human trafficking to include promoting the prostitution of a minor. These are the kinds of things we're talking about here,' Rep. Todd said. 'I don't know any [nongovernmental organization] that is doing the right thing that would fall under that.'
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The bill passed the House Criminal Justice Subcommittee 7 to 2 in a vote along party lines. The House version will move to the full House Judiciary Committee. The bill is also working through the committee process on the Senate side.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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