One of the key arguments raised by the lawsuit relates to consistency: if individual states are permitted to institute their own immigration policies, it would be “nearly impossible” for many people to travel across state lines.
Immigrant rights organizations are challenging a recently-passed Tennessee law that makes providing shelter to undocumented immigrants a criminal offense.
According to The Tennessean, the plaintiffs include the Tennessee Immigrant and Refugee Rights Coalition, the American Immigration Council, and Georgetown Law’s Institute for Constitutional Advocacy and Protection. Together, they say that the law, if enforced, could put churches, families, and landlords at risk of prosecution.
Attorneys for the plaintiffs have asked U.S. Magistrate Judge Barbara D. Holmes of the Middle District of Tennessee to issue a preliminary injunction barring enforcement of the law.
In its current form, the law equates the “harboring” of undocumented immigrants with human smuggling—a disproportionate penalty that Republican lawmakers hope will make the state “inhospitable for illegal aliens.”
“We want Tennessee to be a very inhospitable place for illegal aliens,” state Sen. Brent Taylor (R-Memphis) said in a statement. “And so, I hope it does send [sic] a chilling effect.”
One of the key arguments raised by the lawsuit relates to consistency: if individual states are permitted to institute their own immigration policies, it would be “nearly impossible” for many people to travel across state lines.
“When individual states start creating their own immigration rules and penalties, it creates confusion, fear, and chaos, not just for immigrants, but for families, employers, and communities across the state,” said Elizabeth Cruikshank, senior counsel and attorney for the Institute for Constitutional Advocacy and Protection.
NewsChannel5-Nashville notes that Tennessee lawmakers have posited the law as an “important” piece of legislation that is intended to target individuals and organizations smuggling immigrants for commercial gain.
“I think [the law] really makes it very clear what we’re targeting, the folks that are commercially smuggling these folks around the country to then traffic them into some very horrific type of crimes,” state Sen. Chris Todd (R-Madison County) told NewsChannel5-Nashville. “No matter how misguided that mission is, if they’re helping illegal immigrants, as long as they’re not doing it for commercial advantage of doing it for personal financial gain, then they won’t be in violation of this law.”
But the lawsuit challenges this interpretation of the statute, with immigration activists noting that Tennessee’s definition of the word “harbor” includes either “provid[ing] shelter to or conceal[ing] the whereabouts of an individual.”
The lead plaintiff in the lawsuit is the Southeastern Synod of the Evangelical Church in America.
A pastor for a Tennessee branch of the Southeastern Synod said, if the law enforced, it could jeopardize the church’s mission of providing shelter to those in need, irrespective of their legal status.
Sources
Federal lawsuit challenges Tennessee’s new human smuggling law days before implementation
Lawsuit challenges TN immigrant harboring law days before enforcement
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