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ACLU Challenges New Tennessee Immigration Law, Says Longtime Residents Could Face Jail Time

A new Tennessee immigration law is facing a legal challenge from civil rights groups who argue the measure could lead to criminal charges and jail time for some immigrants who have lived in the state for decades.

The American Civil Liberties Union (ACLU), the ACLU of Tennessee, and the National Immigration Law Center have filed a federal lawsuit seeking to block enforcement of the law before it takes effect on July 1. The organizations contend the legislation improperly allows Tennessee to create and enforce its own immigration-related crimes, an authority they argue belongs exclusively to the federal government.

According to court filings, the law creates a new state crime for certain non-citizens who have final orders of removal but remain in Tennessee. Civil rights advocates say the measure could affect individuals who have established lives in the state, including some who have lived in Tennessee for many years. A Class A misdemeanor conviction under the law could carry penalties of up to nearly a year in jail and fines.

The lawsuit was filed on behalf of two immigrants who have lived in Tennessee for decades and seeks class-action status to represent potentially hundreds or thousands of others who could be affected by the legislation. Attorneys for the plaintiffs argue the law violates the U.S. Constitution’s Supremacy Clause by attempting to regulate immigration at the state level.

Supporters of the legislation say it is part of a broader effort by Tennessee lawmakers to strengthen immigration enforcement and cooperate more closely with federal authorities. The measure was approved as part of a larger package of immigration-related legislation passed during the 2026 legislative session.

Opponents, however, argue the law creates uncertainty for immigrant families and could result in arrests and prosecutions that conflict with federal immigration policy. The ACLU has described the legislation as an unconstitutional expansion of state power into an area traditionally reserved for the federal government.

A federal court will now determine whether the law can take effect while the legal challenge proceeds. As of now, the legislation remains scheduled to become effective July 1 unless a judge issues an order blocking its enforcement.