Tennessee’s New State Crime Takes Effect July 1, 2026
A federal judge dismissed a lawsuit challenging Tennessee’s new law that makes it a state crime to be in the country without legal status, clearing the way for the law to take effect on July 1, 2026. U.S. District Court Judge Eli Richardson, appointed by President Trump in 2018, ruled that the plaintiffs brought by the ACLU and the National Immigration Law Center lacked legal standing to sue.
Richardson did not rule on whether the law itself is constitutional. That distinction matters: the door to future challenges remains open, but only if plaintiffs can first establish the kind of concrete, personal injury courts require to hear a case.
“More attorney-driven rather than client-driven.”
Judge Eli Richardson, U.S. District Court for the Middle District of Tennessee, describing the dismissed lawsuit, June 27, 2026
What the Law Actually Does
The law creates a Class A misdemeanor under Tennessee state criminal code for noncitizens who intentionally remain in the state more than 90 days after receiving a final deportation order from a federal immigration judge. A Class A misdemeanor carries up to one year in jail and a $2,500 fine.
A second provision would make it a crime to enter, or attempt to enter, Tennessee without legal status. That provision is on hold. It takes effect only if the U.S. Supreme Court overturns a prior ruling from Arizona v. United States (2012), which held that states cannot supersede federal immigration enforcement, or if Congress explicitly authorizes states to take over that role.
The Political Machinery Behind the Law
Tennessee’s “Immigration 2026” legislative package was shaped in part through direct coordination with Stephen Miller, Trump’s Deputy Chief of Staff and the architect of the administration’s mass deportation agenda. House Speaker Cameron Sexton, a Republican from Crossville, met with Miller before proposing the package.
Beyond the criminal statute, the package includes immigration verification requirements for public benefits, a mandate that county sheriffs enter cooperative agreements with U.S. Immigration and Customs Enforcement (ICE), and penalties on commercial truck drivers who don’t speak fluent English.
Standing doctrine is now the primary legal barrier. Without a plaintiff who can show direct, personal harm, courts cannot reach the constitutional question of whether states can criminalize immigration status at all.
What You Can Do Now
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Call your U.S. senators at (202) 224-3121 and tell them to oppose any legislation that would authorize states to enforce federal immigration law. If Congress grants that authority, Tennessee’s “enter the state” provision automatically activates. Ask your senator to hold the line on federal preemption.
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Contact the ACLU of Tennessee at aclu-tn.org to ask how they plan to identify plaintiffs with direct harm who can refile a standing-compliant challenge. Ask whether the organization is actively recruiting affected individuals to build a new case before similar laws spread.
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Contact Tennessee Governor Bill Lee’s office at (615) 741-2001 and ask him to direct the state not to use the new law for pretextual enforcement against people who have not received deportation orders, given the law’s July 1 effective date.
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Find your county sheriff’s contact information at your county government website and ask whether the sheriff’s office has signed a 287(g) or similar ICE cooperative agreement under the new mandate, and what training and oversight will accompany any immigration enforcement role.
Sources
Tennessee Lookout: Judge Dismisses ACLU Challenge to TN Immigration Crime Law on Standing Brennan Center for Justice: How Standing Doctrine Limits Constitutional Challenges ACLU: National Immigration Law Center and ACLU Immigration Litigation Cornell Legal Information Institute: Arizona v. United States (2012) Preemption Doctrine National Immigration Law Center: State-Level Immigration Enforcement Legislation Tracker
[Quote: “More attorney-driven rather than client-driven”, Judge Eli Richardson, U.S. District Court, dismissing Lucy v. Skrmetti.
Tennessee Lookout]