NASHVILLE, Tenn. (WTVF) — Tennessee lawmakers approved legislation that expands the state's human trafficking laws and creates a new criminal offense for human smuggling. However, it is raising concerns among churches and nonprofits.
“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 bill is sponsored by State Rep. Chris Todd (R-Madison County) and Taylor. It defines human smuggling as transporting, concealing, harboring, or shielding anyone living in the country illegally. This gives the state attorney general more power to take action against individuals and organizations they believe to be involved in these activities.
“It's a very important piece of legislation, maybe one of the most important we've dealt with in quite some time,” said Todd.
The legislation specifies the offense applies only to those engaged in such activities for commercial advantage or private financial gain. It includes exceptions for licensed attorneys providing legal advice and healthcare providers offering medical services to individuals.
Despite these restrictions, Franklin Community Church’s Pastor Kevin Riggs is concerned. One of their ministries has given shelter to 150 families facing homelessness, including those who may be undocumented.
“If someone has a need, regardless of where they're from, or regardless if they have the proper paperwork, if they have a need that we can meet, we're going to meet that need,” said Riggs.
The bill defines "harboring" as providing shelter or concealing someone without legal status. Riggs worries that receiving donations or grants for the housing ministry could put them at risk of facing criminal charges.
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 government should not interfere with how our church operates and what the ministry of our church is,” Riggs said. “And I'm afraid that's the path they're going down."
The nonprofit Tennessee Immigrant and Refugee Rights Coalition said the legislation could impact undocumented people commuting to work and families with mixed legal statuses.
They say the legislation gives the Attorney General and local law enforcement authority to determine if someone is in the United States unlawfully, which is primarily the responsibility of the US Customs and Border Protection.
“It is very poorly and broadly written where, in theory, families and certain entities could run the risk of being attacked by the powers given to the Tennessee court system and local law enforcement,” said Luis Mata.
Lawmakers disagree.
“I think 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,” added Todd.
If signed, the law will take effect July 1, 2025.
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