Republican lawmakers in Tennessee are pushing a bill that would criminalize the presence of immigrants who remain in the state more than 90 days after a final federal deportation order. Part of the state’s “Immigration 2026” agenda, the proposal appears designed to provoke a legal challenge that could reach the U.S. Supreme Court.
Critics say the legislation conflicts with long-established federal authority over immigration. Spring Miller warned that the bill could cause legal chaos, noting that its language seems to acknowledge potential conflicts with Supreme Court precedent.
The bill, sponsored by William Lamberth, would make it a Class A misdemeanor for immigrants who have been deported, excluded, or removed to enter or remain in Tennessee. Lamberth described the measure as a strategic challenge to federal authority and said it aligns with the state’s broader conservative policy goals.
Similar initiatives have been enacted in Texas, Georgia, and Iowa, though these laws have faced lawsuits questioning their constitutionality under the 2012 ruling in Arizona v. United States.
Opponents, including Gloria Johnson, argue the bill is unconstitutional, costly, and difficult to enforce due to a lack of centralized tracking of removal orders. Supporters say it is a necessary step to protect state interests and test the boundaries of federalism in immigration enforcement.
