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SB 791

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

114th Regular Session (2025-2026) Introduced by Paul Bailey

Tennessee bill bars undocumented immigrants from filing civil lawsuits, affecting access to courts for contract disputes and personal injury claims.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SB 791

Legislative bill overview

SB 791 would prohibit individuals classified as "unauthorized aliens" from filing or participating as plaintiffs in civil lawsuits in Tennessee. The bill amends multiple sections of Tennessee Code to enforce this restriction across various civil proceedings, though the specific scope of excluded cases is not detailed in the introduction language provided.

Why is this important

This legislation directly affects access to courts for a significant population. If enacted, individuals without legal immigration status would be unable to sue for contract breaches, property disputes, personal injury, or other civil matters—potentially leaving them without legal recourse for legitimate grievances. The bill raises questions about equal protection under law and practical implications for businesses and property owners in contractual relationships with undocumented immigrants.

Potential points of contention

  • Constitutional concerns: Courts have previously blocked similar restrictions on standing as potential violations of equal protection and due process; federal immigration authority may preempt state civil procedure law
  • Practical business impact: Employers and contractors could potentially avoid contractual obligations with undocumented workers, creating perverse incentives for exploitation and fraud
  • Enforcement mechanism: The bill doesn't specify how plaintiff immigration status would be verified without creating discovery burdens or invading privacy rights
  • Innocent party effects: Dependent children, mixed-status families, and businesses with undocumented stakeholders could face complications in unrelated civil disputes

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

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