Overview
Right now, Tennessee lawmakers are considering an amendment to SB 1087/HB 177 that would make it a crime for an undocumented person to enter the state. This legislation is a dangerous step toward the state setting its own immigration policies beyond what is permissible under federal law, putting our communities at risk.
The Supreme Court has already ruled clearly in Arizona v. United States (2012) that setting immigration policy is a power that belongs solely to the federal government. The highest court in the nation explicitly struck down similar state-led attempts, declaring them unconstitutional.
We cannot allow Tennessee to ignore established law and violate constitutional protections. Our state deserves better than policies that threaten our rights, fuel discrimination, and create fear in our communities.
Why This Bill is Harmful:
Under this proposal, Tennessee is setting its own immigration policies in a manner beyond what is permitted by federal law, which the U.S. Supreme Court has explicitly deemed unconstitutional. This:
- Fosters Discrimination and Racial Profiling: Legislation like this opens the door for racial profiling and discriminatory practices. Law enforcement officers could be encouraged to target individuals based on their appearance or perceived immigration status, leading to violations of civil rights and harming community relationships.
- Undermines Public Safety: Measures like this erode community trust in law enforcement, making it less likely for victims and witnesses to crimes to come forward. This makes all of us less safe.
- Contradicts Supreme Court Precedent: This proposed legislation goes against the ruling in Arizona v. United States (2012), in which the U.S. Supreme Court ruled that setting immigration policy is a federal responsibility, not a state one. By pushing this bill forward, Tennessee lawmakers are attempting to undermine this precedent, opening the state up to costly litigation.
Risks of the Legal Challenges
By enacting a law that defies a binding U.S. Supreme Court decision, Tennessee risks engaging in prolonged and costly litigation. The state could face significant expenses defending this unconstitutional law, costing taxpayers millions of dollars.
Passing this law would undermine civil liberties and disregard constitutional safeguards established by the Supreme Court. Our lawmakers should save us the trouble of pursuing a counterproductive path that has already been ruled unconstitutional.
TAKE ACTION
Tell your representatives to OPPOSE this unconstitutional proposal and protect constitutional rights and community trust in Tennessee.
