Immigration policy from the White House is slowly making its way through the Tennessee statehouse, with the end of session just a few weeks away. Republican leadership has cut off debate on many of the bills proposed by U.S. Homeland Security Advisor Stephen Miller as the end of session approaches.
On Thursday morning, the House approved a measure requiring all courts to comply with Immigration and Customs Enforcement, and the Senate voted 26-6 along party lines in favor of a measure to prohibit commercial drivers without legal status from operating in the state.
But not every bill made in coordination with Miller is moving forward at the same pace.
Here’s where the White House immigration package stands.
Courts complying with ICE
Judges in all courts, including civil and circuit courts, would be required to cooperate with ICE or face removal under HB 1707/ SB 1952.
Rep. Gabby Salinas, D-Memphis, worries the bill could worsen domestic violence in situations where one part of the couple is an immigrant.
“It’s already hard for someone to make the choice to seek help and to try to get out of a domestic violence situation,” Salinas told WPLN News. “We’ve seen U.S. citizens — people that have all the right documentation — get taken into detention.”
Democrats have argued that the attorney general already has the authority to investigate judges who resist immigration enforcement. The bill’s House sponsor, Rep. Rick Scarbrough, R-Oak Ridge, argued that the legislation is a proactive measure to avoid any confusion for judges in the future.
“If you don’t have a policy to address a circumstance, then your past practice becomes your policy,” Scarbrough said.
Mandatory partnership with ICE
HB2219/SB2223 would require law enforcement agencies across Tennessee to partner with ICE under the 287(g) program, which allows officers to act as ICE agents. The measure is still advancing in higher committees but has not yet made it to full House or Senate votes.
Last year, lawmakers offered incentives for law enforcement agencies that partner with ICE. This legislation would make the program mandatory, covering the cost of immigration enforcement training and overtime for officers involved. The change would cost taxpayers $273,600 in its first year and $248,600 annually after its initial implementation.
Sen. Jeff Yarbro, D-Nashville, opposed the bill, pointing to the Davidson County Sheriff’s Office, which ended its agreement with ICE after a woman spent several hours in labor while shackled in its jail under the program. She sued, and the city agreed to a $490,000 settlement.
“That ended up being a significant financial expenditure for the city,” Yarbro said. “The cities and counties are the ones who are open to that liability, not us.”
The Tennessee Sheriff’s Association testified that they were neutral on the bill.
Sen. Jack Johnson, R-Franklin, said he brought the measure because of the unique opportunity to collaborate with the federal government.
“We have a once-in-a-lifetime opportunity right now, given what is taking place at the federal level in the Trump administration,” Johnson said.
Tracking undocumented patients and students
Doctors, teachers and local law enforcement would be required to report a person’s immigration status to the state legislature under HB1711/SB2108. The measure has advanced in both chambers but has yet to make it to a full floor vote in either.
Rep. Elaine Davis, R-Knoxville, sponsored the legislation. She argued the bill will help lawmakers understand how many people without citizenship may be using state resources.
“If we are unaware of how those dollars are being spent, or if there’s potential fraud in the system, we’re cheating the taxpayers,” Davis said.
School advocates argue that the education system is already overburdened and reporting immigration data would cost educators time and resources that they don’t have.
More: Will Tennessee block undocumented students from school? Lawmakers divided.
Art teacher Betsy Hopkirk, who taught Davis’s son in Knox County Schools, testified against the bill.
“This bill would introduce fear and distrust into our schools. It undermines the safety we work very hard to build,” Hopkirk said.
Healthcare professionals also testified that the bill could have a chilling effect on immigrants seeking medical attention.
Work verification
Both the House and Senate have passed a measure requiring local governments, including school districts, to use e-Verify to check the immigration status of employees. While most local governments already use e-Verify, HB 1705/SB 1922 gives the attorney general the power to investigate and withhold funding from municipalities and school systems that don’t comply.
Ban on benefits for undocumented immigrants
People receiving benefits on the local level would be required to prove citizenship, and those who fail to prove it would be reported to the state’s Centralized Immigration Enforcement Division under HB 1710/SB 1915. The measure passed the Senate on Monday but still needs to clear a key committee in the House.
Advocates warn the bill could have further reach than lawmakers may be anticipating.
“If the intention is to target immigrant communities, it’s literally targeting everybody else as well,” said Cesar Bautista with the Tennessee Immigrant and Refugee Rights Coalition. “Folks who are unhoused, kids that maybe don’t have a birth certificate, even though they were born here … this will also impact them.”
Republican leadership has said that the DMV is able to help people who need new birth certificates to replace lost ones. House Speaker Cameron Sexton, R-Crossville, told WPLN News that the bill will help people who are unhoused.
“You have a homeless person who needs housing. Public housing is there for them, but is someone who’s illegal taking their spot?” Sexton said.
Criminalizing civil immigration offenses
While unlawful immigration is a civil offense, HB 1704/SB 1779 would create criminal penalties for anyone still living in Tennessee after a final deportation order has been issued.
“If you were here illegally, this would literally make it illegal to be illegal in the state of Tennessee,” said Rep. William Lamberth, R-Portland.
Immigration attorney Alan King testified that a final order isn’t always the last word on immigration proceedings.
“An individual can receive a final order and exhaust all appeals options … and it is still a possibility for an immigration judge to reopen and dismiss that case under the right circumstances,” King said.
The General Assembly passed the measure Monday, which now heads to the governor’s desk.
English-only driver’s test
Initially, HB 1708/ SB 1889 would have required the Tennessee driver’s test to be administered only in English, but the Senate version of the bill was amended to allow drivers to initially take the test in another language already offered by the state before having to take an English-only retest. The change came after the Japanese Consulate wrote to the legislature, expressing concern that the bill could jeopardize the $21 billion that Japanese investors have put into Tennessee facilities, along with 60,000 jobs.
“Restricting the license’s functionality and lessening the benefits enjoyed by so many could be perceived negatively by Japanese investors,” wrote Watanabe Shinji, Consul-General of Japan. “Future investments might suffer.”
Majority Leader Lamberth said that he doesn’t see the bill impacting the state’s business.
“We’re one of the best places in the country and quite frankly in the world to do business. We have low taxes and high freedom,” Lamberth said. “We’re just asking that they be able to speak English if they want a driver’s license.”
Commercial driver’s licenses
The Senate has approved a measure to criminalize driving a commercial vehicle without citizenship. The House has put HB 1706/SB 1587 on pause until they pass the state budget, but leadership in that chamber says they intend to pass the bill.
Professional licenses
People without legal status could not be nurses or obtain other professional licenses under HB 1709/SB 1901. The measure has trailed behind other pieces of the White House immigration package and has several committees to clear before it can be brought for a vote in either chamber.
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