NASHVILLE, Tenn. (WTVF) — A coalition including a religious organization and two individuals filed a federal lawsuit on June 20, challenging the constitutionality of Tennessee's new "harboring" law.
The law, which creates a new criminal offense for human smuggling, is set to take effect on July 1 unless courts intervene.
"We want Tennessee to be a very inhospitable place for illegal aliens," said State Sen. Brent Taylor, R-Memphis. "And so, I hope it does send a chilling effect."
The Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown Law, the American Immigration Council, and the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) filed the lawsuit in the federal district court for the Middle District of Tennessee. The lead plaintiff is the Southeastern Synod of the Evangelical Lutheran Church in America, joined by a local landlord and a Tennessee resident who shares a home with a son-in-law seeking asylum.
Tennessee's new law, Senate Bill 392, defines human smuggling as transporting, concealing, harboring, or shielding anyone living in the country illegally. The term "harboring" is described as providing shelter or concealing someone without legal status.
"This law is not just harmful, it's unconstitutional," said ICAP senior counsel Elizabeth Cruikshank.
When Newschannel5 spoke with lawmakers in May, they said it was one of their most important pieces of legislation. They said it mainly targets those seeking profit.
"I think [it] really makes it very clear what we're targeting, the folks that are commercially smuggling these folks around the country to then traffic them into some very horrific type of crimes," said State Rep. Chris Todd, R-Madison County.
"No matter how misguided that mission is, if they're helping illegal immigrants, as long as they're not doing it for commercial advantage or doing it for personal financial gain, then they won't be in violation of this law," added Taylor.
The lawsuit argues that S.B. 392 violates the U.S. Constitution by allowing Tennessee to regulate immigration, a power reserved for the federal government. It also claims the law is too vague for Tennesseans to understand which conduct will be criminalized. They worry the law could penalize churches offering temporary shelter, landlords, or families sharing their homes, potentially leading to felony charges.
"S.B. 392 does nothing to improve the lives of Tennesseans or protect public safety, and instead attempts to pit neighbors against each other," said TIRRC senior director of legal strategy Spring Miller. "This law forces religious organizations to choose between following their values or falling in line. It forces family members—spouses, siblings, even parents—to fear that simply living under the same roof as a loved one without legal status could land them behind bars."
Critics argue the law is written so broadly that it could be used to criminalize providing shelter to those who were once undocumented but subsequently obtained protected status, like asylum or protection under the Violence Against Women Act.
"This law is not about public safety, it's about fear and xenophobia," said American Immigration Council senior litigation attorney Suchi Mathur. "It has already made communities across the state less secure and will cause immeasurable harm once it goes into effect. Criminalizing things like sharing a home or welcoming churchgoers does not make people safe."
Under the new law, human smuggling will be classified as a Class E felony. If the victim is under 13 years old, it becomes aggravated human smuggling, a Class A felony.
The plaintiffs are seeking an immediate injunction to block enforcement of S.B. 392 while the case proceeds.
Do you have more information about this story? You can email me at Patsy.Montesinos@newschannel5.com
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