Safety, Dept. of - As introduced, enacts the "One America Act," which requires every person who has resided in this state for a period of more than 30 days and who is not lawfully present in the United States to register and submit to an interview with the department at which time the department may issue the person a one-year visa for re-entry into the United States and to this state; if the person does not commit a criminal offense within such one-year period, the person is eligible to apply for permanent resident status upon completion of the one-year period. - Amends TCA Title 4; Title 8 and Title 39.

114th Regular Session (2025-2026) Introduced by Todd Gardenhire

Tennessee bill requires unregistered residents to register with state safety department for one-year visas leading to permanent residency, bypassing federal immigration authority.

Assigned to General Subcommittee of Senate State and Local Government Committee

#dept.of #safety

Legislative bill overview

SB 2037, the "One America Act," requires all non-lawfully present individuals residing in Tennessee for more than 30 days to register with the Department of Safety for mandatory interviews. The bill authorizes the department to issue one-year visas for re-entry, and grants eligible applicants (those without criminal convictions during the one-year period) the opportunity to apply for permanent resident status upon completion.

Why is this important

This bill represents a significant state-level intervention in immigration policy, traditionally a federal matter. It would create a state-administered pathway to legal status that operates outside federal immigration frameworks, raising questions about federal-state authority, implementation costs, and labor market effects. The proposal directly addresses unauthorized immigration through registration and conditional legalization rather than enforcement or deportation.

Potential points of contention

Federal authority conflict: Immigration and visa authority rest with the federal government; a state cannot independently issue visas or grant legal status. Courts may find this unconstitutional under the Supremacy Clause.

Implementation and costs: Creating a registration system, conducting interviews, and vetting criminal histories would require substantial state resources and coordination with federal law enforcement databases.

Incentive structure concerns: The one-year window with criminal offense exclusion may be perceived as either too permissive (encouraging unauthorized immigration) or too restrictive (creating perverse incentives around reporting crimes).

Political polarization: Immigration policy is deeply partisan; supporters cite humanitarian and economic benefits while opponents object to perceived amnesty and prioritize enforcement-first approaches.