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Tennessee bill creating immigration crime clears first hurdle

As part of a slate of bills targeting immigrants, Tennessee Republican lawmakers passed a measure in a subcommittee creating a state crime for defying a federal deportation order. (John Partipilo/Tennessee Lookout file)
As part of a slate of bills targeting immigrants, Tennessee Republican lawmakers passed a measure in a subcommittee creating a state crime for defying a federal deportation order. (John Partipilo/Tennessee Lookout file) As part of a slate of bills targeting immigrants, Tennessee Republican lawmakers passed a measure in a subcommittee creating a state crime for defying a federal deportation order. (John Partipilo/Tennessee Lookout file)

By Sam Stockard / Tennessee Lookout 2 min read

A Tennessee bill establishing a state crime for defying a federal deportation order passed a House subcommittee Wednesday despite questions about its constitutionality.

House Bill 1704, sponsored by House Majority Leader William Lamberth of Portland, passed the Criminal Justice Subcommittee on a 6-2 party-line vote with Republican lawmakers in control.

The measure, part of Republicans’ 2026 slate of immigration bills formed in cooperation with White House deputy chief of staff Stephen Miller, would make it a Class A misdemeanor punishable by a year in jail to remain in Tennessee following a final order of removal under federal law or to re-enter the state after being deported.

Because of questions about its constitutionality, the bill contains a trigger mechanism that would kick in depending on a change in federal law or a 2012 U.S. Supreme Court ruling overturning Arizona v. United States, which determined that federal law trumps state immigration law.

“This common-sense legislation respects constitutional boundaries while ensuring we are prepared if states’ authority is restored,” Lamberth said in a statement.