AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 38; Title 39; Title 40 and Title 41, relative to immigration.
Summary
HB1704 creates new criminal offenses in Tennessee law related to immigration status and post-removal conduct. First, it makes it a Class A misdemeanor for an adult who is subject to a final federal order of removal to intentionally remain in Tennessee for 90 days after that order becomes final, unless the person is still pursuing available federal challenges. Second, it makes it a Class A misdemeanor for an adult who has been denied admission, excluded, deported, or removed from the United States, or who left while such an order was outstanding, to intentionally enter or attempt to enter Tennessee without the required federal consent or other federal-law exception.
The bill also includes procedural protections by requiring courts to stay criminal proceedings while a person is still exhausting federal review of the underlying removal or exclusion action. In addition, the bill delays implementation of the second offense until either the U.S. Supreme Court overturns all or part of Arizona v. United States, or Congress enacts a law removing federal preemption over state determinations of unlawful presence. The rest of the act takes effect July 1, 2026.
Impact
HB1704 amends Tennessee Code Annotated Titles 39 and related provisions to add state criminal penalties tied to federal immigration orders and reentry status. It would expand state enforcement authority in the immigration area by creating misdemeanor offenses for remaining in Tennessee after a final removal order and for reentering the state after removal without federal permission, while also directing courts to pause prosecutions during pending federal challenges. The bill’s operative effect on the second offense is contingent on a major change in federal law or Supreme Court precedent, reflecting the bill’s interaction with federal preemption limits.
Sentiment
The bill appears to have had generally favorable support among legislative majorities, advancing through subcommittee, full committee, and floor votes with clear margins in both chambers. The final enactment indicates the measure ultimately passed and was signed into law. At the same time, the recorded nays at each stage show that the bill was not unanimous and drew meaningful opposition, especially on the House floor.
Contention
The main point of contention is the bill’s immigration-enforcement approach, particularly whether Tennessee may criminalize conduct tied to federal removal orders and reentry decisions. Supporters appear to have favored stronger state involvement in immigration enforcement, while opponents likely objected to the bill’s potential conflict with federal immigration authority and the risk of criminalizing presence or reentry based on federal status determinations. The bill’s conditional trigger tied to Arizona v. United States and federal preemption underscores that constitutional and federal-law limits were a central issue.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8; Title 16; Title 17; Title 38; Title 39; Title 40 and Title 41, relative to immigration.
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