Tennessee's immigration law: From criminalizing support for sanctuary cities to new IDs, what GOP-backed bill does
Shortly following the bill's passage, the American Civil Liberties Union of Tennessee announced it was preparing to sue the state over the pending law.
"This unprecedented, unconstitutional legislation will inflict unimaginable harm on people who have immigrated to Tennessee seeking freedom and a better life, and criminalize any local officials who vote in support of 'sanctuary policies,'" said ACLU-TN Legal Director Stella Yarbrough in a statement.
"Threatening officials with felony charges and criminal prosecution based solely on how they vote raises significant constitutional concerns."
The bill will soon go to Gov. Bill Lee's desk. Here's what to know.
What is Tennessee's immigration bill, what will it do?
If signed into law, the bill will criminalize local officials who support sanctuary policies, establish a central immigration enforcement office and adopt new new driver's licenses for non-U.S. citizens.
Criminalization for support of sanctuary cities: The bill criminalizes local officials, such as county commission or city council members, who vote for any policy considered a "sanctuary" measure, despite sanctuary policies already being banned in Tennessee. Support for sanctuary policies from local officials would be considered a Class E felony, punishable by up to six years in prison and a $3,000 fine.
The bill criminalizes local officials, such as county commission or city council members, who vote for any policy considered a "sanctuary" measure, despite sanctuary policies already being banned in Tennessee. Support for sanctuary policies from local officials would be considered a Class E felony, punishable by up to six years in prison and a $3,000 fine. Immigration enforcement division: The legislation will fund a $5 million office within the Tennessee Department of Safety and Homeland Security, allowing Lee to tap an enforcement director and incentivize local law enforcement entities to enter into a contract program with federal immigration authorities. However, the bill does no make substantive changes on how local law enforcement can cooperate with federal officials.
The legislation will fund a $5 million office within the Tennessee Department of Safety and Homeland Security, allowing Lee to tap an enforcement director and incentivize local law enforcement entities to enter into a contract program with federal immigration authorities. However, the bill does no make substantive changes on how local law enforcement can cooperate with federal officials. New licenses for legal residents, non-U.S. citizens: Under the new bill, legal residents will no longer carry the same IDs as U.S. citizens. Instead, legal residents, such as DACA recipients or green card holders, will be assigned licenses with "visually distinctive" markers. According to the bill, legal residents who renew their license on or after Jan. 1, 2026, must provide proof of citizenship to maintain their license, permit or photo ID. If proof is not provided, the resident will be issued a temporary ID.
Why did the Tennessee GOP supermajority pass the immigration bill?
Lee and GOP leadership have said the measures are necessary to help President Donald Trump enforce his immigration policies, despite the Trump administration not explicitly directing states to take up any new policies at this time.
As previously reported by The Tennessean, the bill was passed despite warnings from staff attorneys that the bill is "constitutionally suspect" in its unprecedented effort to curtail elected officials' voting decisions.
"It is illegal under state law to set up sanctuary cities. That statute, as defined now, does not have any teeth in it," said House Majority Leader William Lamberth, R-Portland. "We are not going to allow cities and counties set up a sanctuary city. If they vote to do so, absolutely it will be a felony and they will be removed from office."
What does Tennessee's immigration bill say? Read SB 6002/HB 6001
Diana Leyva covers trending news and service journalism for The Tennessean. Contact her at Dleyva@gannett.com or follow her on X, the platform formerly known as Twitter, at @_leyvadiana
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