Tennessee Legislature Passes Bill Criminalizing Presence After Federal Deportation Orders
The Tennessee Senate has approved, by a 26–6 vote, a bill that would make it a Class A misdemeanor for non‑citizens with final federal deportation orders to remain in the state more than 90 days, following earlier House passage by a 73–22 margin. Sponsored by House Majority Leader William Lamberth, the measure also creates a separate Class A misdemeanor for migrants who re‑enter or attempt to re‑enter Tennessee after being deported, with penalties of up to 11 months and 29 days in jail and a fine of up to $2,500. Lamberth explicitly framed the bill as a direct test of long‑standing limits on state immigration enforcement, saying that once all federal appeals are exhausted, it would be illegal under both federal and state law for those individuals to stay in Tennessee. Immigration advocates and some legal experts warn the law could conflict with federal supremacy over immigration, burden local courts and jails, and invite constitutional challenges, while supporters argue it will deter violations and fill an enforcement vacuum they blame on Washington. Gov. Bill Lee, a Republican, has not yet indicated whether he will sign the measure, which could become an early test case for a broader GOP strategy to expand state‑level penalties tied to federal immigration proceedings.
📌 Key Facts
- The Tennessee Senate passed the bill 26–6 and the House passed it 73–22, sending it to Gov. Bill Lee.
- Non‑citizens with final federal removal orders would have 90 days to leave Tennessee or face a Class A misdemeanor, punishable by up to 11 months 29 days in jail and a $2,500 fine.
- A separate Class A misdemeanor would apply to migrants who re‑enter or attempt to re‑enter Tennessee after being deported.
- Sponsor William Lamberth presented the bill as a deliberate challenge to traditional limits on state immigration enforcement.
- Critics, including immigration advocates and legal experts, say the measure may conflict with federal law and could lead to a Supreme Court fight over state authority in immigration.
📊 Relevant Data
In Tennessee, the unauthorized immigrant population was estimated at 170,000 in 2019, with 74% originating from Mexico and 13% from other parts of Central America; population percentages show unauthorized immigrants make up about 2.5% of the state's total population of approximately 6.9 million.
Profile of the Unauthorized Population - TN — Migration Policy Institute
Climate-related events, including prolonged droughts, hurricanes, and other extreme weather, have contributed to emigration from Central America to the United States, with surveys indicating these factors alongside violence and poverty as drivers for migration.
Central American Immigrants in the United States — Migration Policy Institute
Immigrant workers, both documented and undocumented, accounted for 8% of Tennessee's GDP in 2023, contributing significantly to sectors like construction and agriculture, where they fill labor shortages.
The Economic and Fiscal Impacts of Hostility to Immigrants — New American Economy
In Tennessee, construction companies reported impacts from immigration crackdowns in 2026, with workers not showing up, leading to project delays and increased costs in the housing sector.
Immigration crackdowns impact Tennessee construction firms, survey finds — Tennessee Lookout
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