Tennessee Republicans are moving to criminalize immigration violations at the state level with a bill that would make it a crime for migrants to remain in the Volunteer State after a final deportation order.
The measure, which passed the Republican-controlled Senate on a 26-6 vote, would require illegal immigrants with a removal order to leave Tennessee within 90 days or face a Class A misdemeanor. The House previously passed the measure 73-22.
Violators would face up to 11 months and 29 days in jail, a fine of up to $2,500, or both. The bill also creates a separate Class A misdemeanor offense for migrants who re-enter or attempt to enter the state after being deported.
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Tennessee House Majority Leader William Lamberth, the bill’s sponsor, framed the proposal as a direct challenge to long-standing limits on state immigration enforcement.
“When someone has exhausted all their options and they’ve been told to leave the country, it is illegal for them to stay, both under federal law, and if this bill passes, it would be a misdemeanor for them to enter in, or remain in, the state of Tennessee,” Lamberth said during a state House Judiciary Committee hearing, according to Newsweek.
The measure is part of a broader push by Tennessee Republicans to take a stricter approach to illegal immigration, including restricting public benefits and expanding state involvement in enforcement.
Supporters, including Republican lawmakers backing the bill, argued it would strengthen enforcement and deter violations.
Critics, including immigration advocates and some legal experts, warned it could conflict with federal law, which generally governs immigration enforcement, and could burden state courts, according to the Tennessee Lookout.
The proposal raises questions about whether states can impose additional penalties tied to federal deportation orders.
It is unclear whether Tennessee Gov. Bill Lee, a Republican, will sign the measure if it reaches his desk.
The bill could set up a Supreme Court challenge over federal authority and position Tennessee as a test case for a broader GOP effort to expand state-level immigration enforcement nationwide.
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