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) Introduced by William Lamberth

Tennessee bill criminalizes refusing to depart after deportation orders and entering state after removal, creating Class A misdemeanor charges.

Transmitted to Governor for his action.

#immigration

Legislative bill overview

HB 1704 creates two new Class A misdemeanors in Tennessee: (1) intentionally failing or refusing to leave the state after receiving a final deportation order, and (2) intentionally entering or remaining in Tennessee after being denied admission, excluded, deported, or removed by federal authorities. The bill amends multiple sections of Tennessee law across titles covering state administration, courts, criminal procedure, and sentencing.

Why is this important

This bill directly criminalizes certain immigration violations at the state level, moving enforcement responsibility from federal immigration authorities to local law enforcement and state courts. It could significantly affect how Tennessee handles undocumented immigrants and creates potential conflicts with federal immigration enforcement priorities, while also imposing new costs on the state criminal justice system.

Potential points of contention

Federalism concerns: Immigration enforcement is traditionally a federal responsibility; state-level criminalization may create jurisdictional conflicts or duplicate federal penalties

Implementation challenges: Determining when someone has received a "final order of removal" and proving intentional violation requires coordination with federal immigration courts, which may create practical enforcement difficulties

Impact on vulnerable populations: Class A misdemeanors carry significant penalties; critics may argue this criminalizes status rather than conduct and disproportionately affects low-income immigrants

Local law enforcement burden: Police may lack training in immigration law complexities and federal coordination requirements, potentially leading to inconsistent enforcement

Constitutional questions: Potential due process and equal protection concerns regarding how the law distinguishes between immigration violations and other conduct