HB1037 • 2026

Civil Procedure

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 16; Title 20; Title 28 and Title 29, relative to persons unlawfully present in this state.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Garrett, Bailey
Last action: 2025-02-11
Official status: Assigned to s/c Civil Justice Subcommittee
Effective date: Not listed

Plain English Breakdown

The official source does not provide details on all types of civil actions affected by this bill.

Law About People Unlawfully Present

This bill changes Tennessee laws to say that people who are in the United States without permission cannot start or be part of certain civil court cases.

What This Bill Does

Defines 'unauthorized alien' as someone who is not allowed to be in the U.S. according to federal law, specifically the Immigration and Nationality Act.
Prohibits unauthorized aliens from starting a case or joining as a plaintiff in specific types of civil actions.

Who It Names or Affects

People who are unlawfully present in the United States
Courts handling certain civil cases

Terms To Know

unauthorized alien: A person who is not legally allowed to be in the United States according to federal law.
civil action: A case brought by one party against another in a court of law, usually involving money or property disputes.

Limits and Unknowns

The bill does not specify all types of civil actions where unauthorized aliens are barred from participating.
It is unclear how this will affect existing cases when the new rules take effect.

Bill History

2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-02-11 Tennessee General Assembly
Assigned to s/c Civil Justice Subcommittee
2025-02-10 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-06 Tennessee General Assembly
Intro., P1C.
2025-02-05 Tennessee General Assembly
Filed for introduction
2025-02-04 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill provides that for parties to civil proceedings, an "unauthorized alien"
means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, and
the term
must be interpreted consistently with any applicable federal statutes, rules, or regulations.
Additionally, this bill prohibits an unauthorized alien from having standing to commence or appear as plaintiff in a civil action brought under the provisions of law relative to remedies an
d special proceedings.

Current Bill Text

Read the full stored bill text

SENATE BILL 791
By Bailey

HOUSE BILL 1037
By Garrett

HB1037
001298
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Title 16; Title 20; Title 28 and Title 29,
relative to persons unlawfully present in this state.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 20, Chapter 1, is amended by adding
the following as a new section:
(a) As used in this section, "unauthorized alien" means a person who is
unlawfully present in the United States according to the terms of the federal Immigration
and Nationality Act, 8 U.S.C. § 1101 et. seq., and must be interpreted consistently with
any applicable federal statutes, rules, or regulations.
(b) Notwithstanding another law to the contrary, an unauthorized alien does not
have standing to commence or appear as a plaintiff in a civil action brought under title
29.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.