HB1704 • 2026

Immigration

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 38; Title 39; Title 40 and Title 41, relative to immigration.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Lamberth, Johnson
Last action: 2026-04-09
Official status: Transmitted to Governor for his action.
Effective date: Not listed

Plain English Breakdown

The exact conditions under which the law takes effect are specified and may delay its implementation beyond July 1, 2026.

Tennessee Immigration Law

This law makes it a crime for certain immigrants to stay in Tennessee after being ordered to leave or enter Tennessee if they were previously removed from the United States.

What This Bill Does

Makes it a misdemeanor for someone with an order of removal to not leave Tennessee within 90 days.
Allows courts to delay criminal charges until all federal appeals are finished.
Becomes law on July 1, 2026, unless the Supreme Court changes Arizona v. United States or Congress passes new laws allowing states to decide who can be in their state.

Who It Names or Affects

People with orders of removal from federal immigration authorities.
Individuals over 18 years old who enter Tennessee after being denied admission, excluded, deported, or removed from the United States.

Terms To Know

Class A misdemeanor: A type of crime that is less serious than a felony but more serious than other types of misdemeanors. It can result in jail time and fines.
Order of removal: An official decision by the federal government to order someone to leave the United States because they are not allowed to be here.

Limits and Unknowns

The law only applies if certain conditions about Supreme Court decisions or new federal laws are met.
It does not specify what happens if a person is under 18 years old and enters Tennessee after being removed from the United States.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA0650

Amendment 1-0 to HB1704

Plain English: The amendment adds new criminal penalties for certain undocumented immigrants in Tennessee.

Creates a Class A misdemeanor offense for individuals over 18 who have a final order of removal and fail to leave Tennessee within 90 days.
Establishes another Class A misdemeanor offense for individuals over 18 who enter or attempt to enter Tennessee after being denied admission, excluded, deported, or removed from the United States without proper consent.

The amendment includes complex legal references that may be difficult to understand without additional context.
It specifies certain conditions under which criminal proceedings will be stayed until federal challenges are exhausted, but does not provide full details on how this would work in practice.

SA0934

Amendment 1-0 to SB1779

Plain English: The amendment adds new criminal penalties for certain immigration violations in Tennessee.

Creates a Class A misdemeanor offense for individuals over 18 who are subject to a final order of removal and fail to leave the state within 90 days.
Establishes another Class A misdemeanor offense for individuals over 18 who have been denied entry, excluded, deported, or removed from the U.S., and then enter Tennessee without proper consent from the U.S. attorney general.

The amendment includes complex legal references that may be difficult to understand without additional context.
Some parts of the amendment depend on future federal actions or court decisions, which are not predictable.

Bill History

2026-04-09 Tennessee General Assembly
Transmitted to Governor for his action.
2026-04-08 Tennessee General Assembly
Signed by Senate Speaker
2026-04-08 Tennessee General Assembly
Signed by H. Speaker
2026-04-07 Tennessee General Assembly
Enrolled; ready for sig. of H. Speaker.
2026-04-06 Tennessee General Assembly
Passed Senate, Ayes 26, Nays 6
2026-04-06 Tennessee General Assembly
Amendment withdrawn. (Amendment 1 - SA0934)
2026-04-06 Tennessee General Assembly
Senate substituted House Bill for companion Senate Bill.
2026-04-06 Tennessee General Assembly
Sponsor(s) Added.
2026-04-06 Tennessee General Assembly
Companion House Bill substituted
2026-04-02 Tennessee General Assembly
Placed on Senate Regular Calendar for 4/6/2026
2026-03-24 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0
2026-03-23 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/24/2026
2026-03-23 Tennessee General Assembly
Action deferred in Senate Judiciary Committee to 3/24/2026
2026-03-19 Tennessee General Assembly
Received from House, Passed on First Consideration
2026-03-18 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/23/2026
2026-03-17 Tennessee General Assembly
Engrossed; ready for transmission to Sen.
2026-03-16 Tennessee General Assembly
Sponsor(s) Added.
2026-03-16 Tennessee General Assembly
Passed H., as am., Ayes 73, Nays 22, PNV 0
2026-03-16 Tennessee General Assembly
H. adopted am. (Amendment 1 - HA0650)
2026-03-12 Tennessee General Assembly
H. Placed on Regular Calendar for 3/16/2026
2026-03-11 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 3/12/2026
2026-03-11 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2026-03-04 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/11/2026
2026-03-04 Tennessee General Assembly
Action def. in Judiciary Committee to 3/11/2026
2026-02-25 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/4/2026
2026-02-18 Tennessee General Assembly
Action def. in Judiciary Committee to Next Available Calendar
2026-02-17 Tennessee General Assembly
Sponsor(s) Added.
2026-02-11 Tennessee General Assembly
Placed on cal. Judiciary Committee for 2/18/2026
2026-02-11 Tennessee General Assembly
Rec for pass if am by s/c ref. to Judiciary Committee
2026-02-09 Tennessee General Assembly
Sponsor(s) Added.
2026-02-04 Tennessee General Assembly
Placed on s/c cal Criminal Justice Subcommittee for 2/11/2026
2026-01-22 Tennessee General Assembly
Assigned to s/c Criminal Justice Subcommittee
2026-01-22 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2026-01-22 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2026-01-21 Tennessee General Assembly
Sponsor(s) Added.
2026-01-21 Tennessee General Assembly
Intro., P1C.
2026-01-21 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-20 Tennessee General Assembly
Filed for introduction
2026-01-15 Tennessee General Assembly
Sponsor(s) Added.
2026-01-15 Tennessee General Assembly
Filed for introduction

Official Summary Text

Effective July 1, 2026, this bill makes it an offense for a person who has a valid order of removal to intentionally fail or refuse to depart from this state within 90 days of the date of the final order of removal. Such offense is a Class A misdemeanor
, which is punishable by imprisonment of no more than 11 months, 29 days; a fine not to exceed $2,500; or both. However, if such a person has not exhausted all available paths under federal law for challenging the final order of removal, then the court m
us
t grant a stay of the criminal proceedings until the person has exhausted all available paths.

PROHIBITION ON REENTRY INTO THIS STATE

This bill generally makes it a Class A misdemeanor for a person who has been denied admission, excluded, deported, or removed from the United States, or who has departed the United States while an order of exclusion, deportation, or removal is outstandin
g, to intentionally enter or attempt to enter this state. However, there is an exception for persons who have express consent from the United States attorney general to reapply for admission or such person has established they are not required to obtain
su
ch advance permission under federal law. Although, if such a person has not exhausted all available paths under federal law for challenging the final order of removal, then the court must grant a stay of the criminal proceedings until the person has exha
usted all available paths.

The offense described in the paragraph above takes effect on the 30
th
day following the occurrence of either (i) the issuance of any decision of the United States Supreme Court overruling, in whole or in part,
Arizona v. United States
, thereby authorizing states to determine that a person is unlawfully present in this state; or (ii) adoption of a federal statutory provision that, in whole or in part, removes the preemption of states' ability to determine that a person is unlawfully pr
esent in this state.

ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1704, AS AMENDED.

AMENDMENT #1 clarifies that a person, as described in the bill summary, is a person who is 18 or older.

Current Bill Text

Read the full stored bill text

SENATE BILL 1779
By Johnson

HOUSE BILL 1704
By Lamberth
HB1704
011180
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 7; Title 38; Title 39; Title 40 and Title 41,
relative to immigration.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following new section:
(a) A person commits an offense who:
(1) Is an alien against whom a valid final order of removal is outstanding
by reason of being a member of any of the classes described in 8 U.S.C. §
1227(a); and
(2) Intentionally fails or refuses to depart from this state within a period of
ninety (90) days from the date of the final order of removal under administrative
processes, or if judicial review is had, then from the date of the final order of the
court.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) If the person has not exhausted all available paths under federal law for
challenging the final order of removal, then the court shall grant a stay of the criminal
proceedings until the person has exhausted all available paths under federal law for
challenging the final order of removal.
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following new section:
(a) A person commits an offense who:

- 2 - 011180

(1) Is an alien that has been denied admission, excluded, deported, or
removed from the United States or has departed the United States while an order
of exclusion, deportation, or removal is outstanding; and
(2) Thereafter intentionally enters or attempts to enter this state, unless:
(A) Prior to the person's reembarkation at a place outside the
United States or the person's application for admission from foreign
contiguous territory, the United States attorney general has expressly
consented to such person's reapplying for admission; or
(B) With respect to a person previously denied admission and
removed, unless such person shall establish that the person was not
required to obtain such advance consent under federal law.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) If the person has not exhausted all available paths under federal law for
challenging the federal action listed in subdivision (a)(1), then the court shall grant a stay
of the criminal proceedings until the person has exhausted all available paths under
federal law for challenging the action.
SECTION 3.
(a)
(1) Section 2 of this act takes effect on the thirtieth day following the
occurrence of either of the following circumstances, the public welfare requiring
it:
(A) The issuance of the judgment in any decision of the United
States Supreme Court overruling, in whole or in part, Arizona v. United
States, 567 U.S. 387 (2012), thereby authorizing states to determine that
a person is unlawfully present in this state; or

- 3 - 011180

(B) Adoption of a federal statutory provision that, in whole or in
part, removes the preemption of states' ability to determine that a person
is unlawfully present in this state.
(2) The attorney general and reporter shall notify in writing the
Tennessee code commission of the occurrence of either of the circumstances in
subdivision (a)(1) and what date is the thirtieth day following such occurrence.
(b) All other sections of this act take effect July 1, 2026, the public welfare
requiring it.