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SB 1046

Civil Procedure - As introduced, specifies that an unauthorized alien does not have standing to commence or appear as a plaintiff in any civil action in this state. - Amends TCA Title 4; Title 8; Title 16; Title 20; Title 28 and Title 29.

114th Regular Session (2025-2026) Introduced by Janice Bowling

SB 1046 prohibits undocumented immigrants from suing in Tennessee civil courts, barring them from seeking legal remedies for workplace, property, and contract disputes.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 1046

Legislative bill overview

SB 1046 would prohibit individuals classified as "unauthorized aliens" from initiating or participating as plaintiffs in civil lawsuits in Tennessee courts. The bill amends multiple sections of Tennessee Code Annotated across six titles covering civil procedure, family law, property rights, and other legal matters to enforce this restriction systematically.

Why is this important

This legislation directly affects access to the court system for a vulnerable population, potentially preventing undocumented immigrants from pursuing civil remedies for wage theft, contract disputes, property damage, personal injury, or family matters. The practical implications include leaving certain harms without legal recourse and potentially creating enforcement complications for businesses and institutions that might otherwise face civil liability.

Potential points of contention

  • Constitutional questions: Federal courts have previously found that some restrictions on undocumented immigrants' access to courts raise due process and equal protection concerns under the U.S. Constitution
  • Definition ambiguity: The bill relies on defining "unauthorized alien," which involves complex immigration status determinations and may create procedural disputes about who qualifies
  • Unintended consequences: Employers, landlords, and others could face reduced accountability if injured or wronged parties cannot sue; some businesses may prefer predictable legal liability to uncertainty
  • Practical enforcement: Courts would need to verify immigration status at the outset of cases, adding administrative burdens and potential delays
  • Victim vulnerability: The restriction may discourage reporting of crimes (wage theft, abuse, trafficking) when victims fear civil court access denial

Compiled from official sources — confirm details with the bill’s official record.

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