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New Tennessee Law Criminalizes Harboring Undocumented Immigrants; Legal Challenges Expected

Jul 01, 2025 at 07:23 pm by WGNS


Tenn. (WGNS) – Tennessee Gov. Bill Lee has signed SB 0392/HB 0322 into law, making it a crime to hide or transport undocumented individuals—a move that expands the state’s human trafficking regulations and introduces a distinct “human smuggling” offense.

What the law mandates

  • Human smuggling is now a Class E felony (1–6 years prison, up to $3,000 fine) for knowingly transporting or concealing at least 10 adults or 5 minors living illegally in the U.S., with intent to hide them from enforcement officials.

  • Harboring or hiding undocumented individuals is defined as a Class A misdemeanor, punishable by a $1,000 fine per person.

  • The law grants the state attorney general authority to seek injunctions, revoke business licenses, or even dissolve organizations believed to be violating the statute.

Local sponsors and legislative outcome
Rep. Chris Todd (R‑Madison County) and Sen. Brent Taylor (R‑Memphis) sponsored the legislation, which passed the Senate 36–6 and the House 73–22 in April. Gov. Lee signed it into law on May 9; its provisions take effect July 1, 2025.

Constitutional concerns ahead
Immigration attorney Omar Reyes warns the law could become the subject of constitutional challenges over vagueness and enforcement.

  • Who exactly counts as “harboring”? A family driving relatives to Gatlinburg or an employer transporting workers daily? Reyes notes that these scenarios may unintentionally trigger felony charges.

  • Last month, legal advocacy organizations, including Georgetown Law’s Institute for Constitutional Advocacy, filed suit in federal district court. They argue the law infringes on federal immigration authority and is so broad that it could criminalize churches, landlords, or neighbors giving humanitarian assistance.

What does it mean for Rutherford County and Murfreesboro
Local nonprofits, employers, landlords, and religious organizations should evaluate transportation and housing practices to avoid unintentional violations. Legal experts anticipate initial court challenges may clarify boundaries and exemptions—such as those for licensed attorneys and healthcare providers—but vigilance is advised until courts intervene.

Next steps

  • Legal challenge: Lawsuit seeks federal court to halt enforcement based on constitutional grounds.

  • Implementation: Local law enforcement and District Attorney’s offices will require new training and guidelines before the law fully takes effect July 1.

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