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SB 1779

Immigration - As introduced, creates the Class A misdemeanor of intentionally failing or refusing to depart when a final order of removal is outstanding; creates the Class A misdemeanor of intentionally entering, attempting to enter, or being found in this state after being denied admission, excluded, deported, or removed from the United States. - Amends TCA Title 4; Title 7; Title 38; Title 39; Title 40 and Title 41.

114th Regular Session (2025-2026)

Tennessee creates two new Class A misdemeanors for refusing to depart under removal orders or re-entering after deportation, expanding state immigration criminal enforcement.

Action deferred in Senate Judiciary Committee to 3/24/2026
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Bill Summary · SB 1779

Legislative bill overview

SB 1779 creates two new Class A misdemeanors in Tennessee: (1) intentionally failing to leave the state when under a federal removal order, and (2) intentionally entering or remaining in Tennessee after being denied admission, excluded, deported, or removed by the United States. The bill amends multiple sections of Tennessee Code to establish these state-level immigration enforcement crimes.

Why is this important

This bill represents a significant expansion of state-level immigration enforcement, creating standalone criminal penalties for conduct that federal immigration authorities already regulate. It could substantially increase state criminal prosecutions and incarceration related to immigration status, affecting both enforcement resources and individuals in immigration proceedings. The measure has potential constitutional implications regarding federal-state authority over immigration matters.

Potential points of contention

  • Federal authority conflict: Immigration and removal are primarily federal matters; states have limited authority to criminalize conduct already governed by federal law, raising constitutional supremacy concerns
  • Implementation ambiguity: "Intentionally failing to depart" requires establishing subjective intent and knowledge of removal orders, creating prosecutorial discretion questions and potential enforcement disparities
  • Scope and due process: The bill could ensnare individuals with pending appeals, stayed removals, or those unaware of removal orders, raising concerns about due process and fair notice

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

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