TENNESSEE – A group of legal and community organizations are suing the state of Tennessee over another new law that some beleive is both harmful and unconstitutional. The law that recently passed as Senate Bill 0392, makes it a crime to give shelter to undocumented immigrants—even if there’s no intent to hide them. The lawsuit was filed this past Friday, June 20, in a federal court located in Nashville. The group bringing the case includes the Southeastern Synod of the Evangelical Lutheran Church in America, one landlord, and a woman who lives with her asylum-seeking son-in-law. They are being represented by Georgetown Law’s Institute for Constitutional Advocacy and Protection, the American Immigration Council, and the Tennessee Immigrant and Refugee Rights Coalition (TIRRC).
The law at the center of the court case was signed on May 9 and makes it a felony to “harbor” undocumented individuals for financial gain. According to the group challenging the law, this could include renting out a room, allowing someone to live with you, or even offering temporary shelter at a church. Critics warn that the law is written so broadly that it will likely lead to people being arrested when they don’t know the person they are helping is undocumented—for example, a landlord unknowingly renting to someone living in the U.S. illegally. They also argue the law could punish those who assist others who later gain legal protection, such as asylum seekers or survivors of abuse.
Legal experts suggest the law is unconstitutional because only the federal government can make immigration laws, not the state of Tennessee - - as seen in several recently passed bills that turned into new laws. If every state made its own rules, they say, the result would be confusion and unfair treatment across the country.
“This law is not just harmful, it’s unconstitutional,” said Elizabeth Cruikshank, senior counsel at ICAP. Others involved in the case say the law spreads fear and could hurt churches, families, and communities.
“This law forces people to choose between their values and staying out of jail,” said TIRRC’s Spring Miller. “It doesn’t keep people safe—it causes harm.”
The law is scheduled to take effect on July 1, but the lawsuit asks the court to block it from being enforced while the case moves forward.
Further Summarized: SB0392 Criminal Offenses - As enacted, creates the offense of human smuggling; makes related changes. - Amends TCA Title 39.
Further Summary of Tennessee’s Bill on Human Smuggling and Human Trafficking: On the surface, the new law that goes into effect in just a few days sounds positive and makes sense as a to lot's of readers, but once lawyers read deeper into the bill, many walk away a bit surprised of the 'What If's.'
The law allows the state to charge businesses and individuals for crimes related to human trafficking and human smuggling—which, again, is a positive step considering the growing number of human trafficking cases seen in Middle Tennessee and across the Volunteer State.
The lawsuit, filed on June 20th in federal court in Middle Tennessee by Georgetown Law’s ICAP, the American Immigration Council, and the Tennessee Immigrant & Refugee Rights Coalition (TIRRC), challenges Section 5 of Senate Bill 392. The lead plaintiff is the Southeastern Synod of the Evangelical Lutheran Church in America, joined by a local landlord and a Tennessee resident housing her asylum‑seeking son‑in‑law. They argue the law’s broad criminal definition of “harboring” undocumented individuals—including providing shelter for financial benefit—violates the federal Supremacy Clause and is overly vague.
Section 5 takes effect on July 1, 2025, and makes it a felony to knowingly provide shelter, housing, or other forms of support to undocumented individuals “for financial benefit” . Plaintiffs say this could include simple acts like renting an apartment, hosting a church event, or letting a family member stay—essentially subjecting thousands of Tennesseans to severe penalties for everyday kindness.
In their complaint, the plaintiffs claim the law infringes on several constitutional rights. They argue it unlawfully interferes with federal authority over immigration policy (Supremacy Clause), denies due process by failing to clearly define illegal conduct (vagueness doctrine), and violates First Amendment protections for religious groups and families engaging in humanitarian or faith‑based activities.
The lawsuit seeks a preliminary injunction to block enforcement of Section 5. Plaintiffs argue the law poses immediate threats to communities across Tennessee—families, churches, landlords, and nonprofits—by criminalizing ordinary, compassionate behavior. They are asking the court to halt the law before its July 1 implementation.
Shoul Taxi Drivers, Ride-Share Drivers Fear the Unknown? – It will soon be a crime to transport 10 or more adults or 5 or more minors into Tennessee for money, especially when the goal is to hide them from immigration authorities or law enforcement. It will also be illegal to help people enter or stay in Tennessee illegally by hiding them. If caught doing any of these things, a person could face a Class E felony, which means 1 to 6 years in prison and a fine of up to $3,000.
This is another aspect of the law that is raising serious questions. For example, what happens if a group of undocumented person uses a ride-share service to travel into Tennessee from a neighboring state? If the driver is paid for the ride, could they be charged with a crime? Could a taxi driver be arrested simply for not knowing their passenger’s immigration status? These kinds of uncertainties have led to growing concern about how far the law might go and what it could mean for everyday drivers who may unknowingly transport someone who is undocumented.
The newly written law also defines “harboring” as hiding or providing shelter to someone who is in the U.S. illegally. This is where the law may clash with personal beliefs or ruffle feathers—particularly for those who believe they’re doing the right thing by helping a family member, relative, or even a child who crossed the border illegally.
As of July 1, it will be against the law to hide someone who entered the country illegally from immigration authorities or law enforcement. Furthermore, anyone who hides or helps to hide a person they know is in the U.S. illegally could be charged with a Class A misdemeanor and fined $1,000 for each person they hide.
- SB0392 has been assigned Public Chapter Number 424 by the Secretary of State.
- Read the FULL COMPLAINT Here.
- Read the FULL Release from the Immigrant & Refugee Rights Collation HERE.