TN 2026 Immigration Agenda

Over the summer, Metro government doxxed ICE agents. The debacle not only launched an investigation into Mayor Freddie O’Connell’s administration, but it also inspired a bill to protect the confidentiality of sensitive immigration enforcement operations and the officers involved. Continuing the trend, the Tennessee General Assembly opened up this year’s session with a full immigration agenda drawn up with the help of the Trump administration. 

The bills expand upon the illegal immigration enforcement package passed last year in a special session and include everything from requiring proof of legal status for those receiving SNAP benefits or public housing to immigration enforcement protocol.

Enforcement and criminal penalties for illegals One bill creates Class A misdemeanors for those who fail to self-deport after a removal order is issued or if a person re-enters the state illegally after deportation. If passed, Tennessee might face a legal challenge on the basis that it challenges a Supreme Court ruling limiting the powers granted to states when prosecuting illegal immigration cases.

HB1711 requires law enforcement and local governments to report individuals unlawfully present in the state. It also requires departments of finance and administration to annually report on the cost incurred by the state for public schools (including public higher education institutions), prisons, hospitals, and social services agencies for benefits and services provided to those unlawfully present in the United States.

Another bill creates a Class A misdemeanor for individuals operating commercial motor vehicles who can’t verify their legal status. It would also mandate ICE notification.

Driver Licenses Speaking of operating vehicles, HB1708 / SB1889 requires restricted licenses for lawfully present applicants lacking English proficiency. Another bill, not officially bundled in with the immigration agenda, would require the issuance of out-of-service orders for CDL drivers unable to read/speak English, with penalties for those who employ the driver.

Sanctuary Cities Local governments will have to comply with a court order regarding an unlawful sanctuary policy within 120 days if HB1707 / 1952 passes. You may recall that Nashville Metro Council members, represented by the ACLU, sued the state over a law passed last year criminalizing local officials who support sanctuary city policies.

Professional License Eligibility Another bill requires all who apply for professional certifications issued by the state to be a U.S. citizen or a “qualified alien.” This applies to a wide range of professions, including child and elder care providers, educator licenses, alcoholic beverage providers, court reporters, and more.

Government Employment HB1705 / SB1922 requires all state and local governments to use the federal E-Verify program when vetting employees. If an entity does not comply, this bill would allow the state to withhold funding.

SNAP recipients, public housing, and more HB1710/SB1915 expands on existing local government requirements to verify legal status when awarding a number of public benefits. This includes programs like SNAP, TANF cash assistance, city- or county-funded rental or housing assistance, and more. The bill also authorizes the attorney general to enforce the law, and local governments that do not comply could lose state funding.

Other bills

• SB1486: Requires law enforcement memorandums of understanding with federal agencies to honor immigration detainers and hold individuals up to 48 hours.

Carry over from last year

• SB1364: A bill from last year that requires law enforcement agencies to participate in the federal 287(g) program. 
• HB0793 / SB0836: Authorizes LEAs and public charter schools to refuse to enroll students who are unlawfully present in the United States.

Immigrant protection bills

• HB1482 / SB1699: Limits civil immigration enforcement on school and religious property.