Nonprofits that find housing for undocumented immigrants will face new legal risks

Tennessee lawmakers in both chambers have approved a bill targeting charities that help undocumented immigrants find housing, opening up the organizations to lawsuits if people they help house go on to commit a crime.

The bill’s sponsor says it reflects the priorities of the White House.

“This is a public safety bill keeping up with the Trump administration’s renewed focus on illegal immigration,” Rep. Rusty Grills said in a House Civil Justice Subcommittee hearing earlier this month. “If you help someone get a lease for an extended period of time, you are enabling them to break the law. And therefore you are responsible if that person commits a crime.”

More: Ongoing coverage of immigration policy

The bill impacts organizations that help people secure leases or long-term living accommodations. It does not apply to those providing temporary shelters, or organizations whose primary focus is assisting undocumented people.

Grills said he intends for the bill to compel organizations to be “more vigilant in vetting who they serve.” But opponents of the legislation — like Bishop Julian Gordy, a Lutheran Pastor from Franklin — say it can be difficult to do so.

“Most of the time when people do those things, they are not aware of the immigration status of their neighbor,” Gordy testified before the committee. “The bill appears to allow nearly unlimited room for interpretation by elected officials and state agencies.”

Gordy also fears it is a threat to religious freedom.

“This bill makes criminal acts out of acts of compassion and hospitality, acts which in our scriptures, people of faith are called to provide,” Gordy said.

Lindsey Krinks, a chaplain and co-founder of housing advocacy group Open Table Nashville, lobbied against the bill. She agreed it could have a “chilling effect” on service providers.

“It’s a direct conflict with our mission — with some of us who are faith-based organizations — with our faith: to treat every person with human dignity that they deserve and to help them find housing,” Krinks said.

The bill’s passage follows a slate of other legislation introduced aimed at immigrants:

• The House will soon consider a similar bill that would make it a felony to provide shelter to a person without legal status for financial gain.
• Earlier this session, the General Assembly approved a law that would remove government officials from their position and charge them with a Class E felony if they vote in favor of “sanctuary” policies for immigrants.
• And a measure allowing schools to refuse undocumented students is currently under consideration.