Tennessee Senate Bill SB1046

Tennessee 2025-2026 Regular Session

• Introduced: 2/5/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 16; Title 20; Title 28 and Title 29, relative to persons unlawfully present in this state.

Summary

SB1046 would add a new provision to Tennessee civil procedure law stating that an “unauthorized alien” — defined by reference to federal immigration law — may not have standing to commence or appear as a plaintiff in any civil action brought in Tennessee. The bill directs that the term be interpreted consistently with applicable federal statutes, rules, and regulations, and it takes effect immediately upon becoming law. In practical terms, the measure would bar people unlawfully present in the United States from initiating or participating as plaintiffs in Tennessee state civil lawsuits. Because the bill amends multiple titles in the Tennessee Code Annotated but contains only this operative change in the text provided, its main legal effect is to create a categorical standing restriction tied to immigration status.

Impact

The bill would amend Tennessee civil law by creating a new standing limitation in Title 20, Chapter 1, and potentially affecting related provisions in Titles 4, 8, 16, 28, and 29 as referenced in the caption. It would affect unauthorized aliens seeking to file or join civil actions in Tennessee courts, while leaving the definition of “unauthorized alien” to federal immigration law. The measure could also influence court access, litigation strategy, and the ability of certain plaintiffs to pursue claims in state court.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text alone, the measure appears to reflect a restrictive approach to civil court access for people unlawfully present in the state. The caption and operative language suggest the bill is part of a broader immigration-related policy effort.

Contention

The central point of contention is likely the bill’s categorical denial of standing to unauthorized aliens in civil cases. Supporters would likely view it as a way to limit court access for people unlawfully present in the United States, while opponents would likely argue it unfairly blocks access to Tennessee courts regardless of the underlying claim. Additional legal questions may include how the standing bar would be applied in practice, whether it conflicts with federal law or constitutional protections, and whether the definition tied to federal immigration status creates uncertainty in state litigation.