Immigration

Plain English Breakdown

The bill does not explicitly mention criminal penalties for employees who do not report individuals improperly receiving benefits, only that failure to report is a Class A misdemeanor.

Tennessee Public Benefits Citizenship Verification Act

This bill requires local government entities to verify citizenship or legal status for people applying for federal, state, or local public benefits and mandates reporting violations to the state.

What This Bill Does

• Adds local governments to the list of entities that must check if applicants are U.S. citizens or legally present before giving them public benefits.
• Requires all forms and phone systems used by government agencies to include a statement asking applicants to confirm their citizenship status under penalty of perjury.
• Allows the attorney general to investigate complaints about violations of these requirements.
• Requires monthly reports on individuals who applied for but were denied benefits due to not being U.S. citizens or qualified aliens, and those who received benefits despite not meeting eligibility criteria.

Who It Names or Affects

• Applicants for federal, state, or local public benefits in Tennessee.
• Local government entities such as counties and cities.
• State agencies providing public benefits.
• The attorney general's office.

Terms To Know

Qualified alien

A non-U.S. citizen who meets certain legal requirements to live in the U.S., such as refugees or those with special immigrant status.

Perjury

The act of lying under oath, which is a serious crime.

Limits and Unknowns

• The bill does not specify how much it will cost to implement these new requirements.
• It's unclear what happens if federal law prevents local governments from verifying citizenship status.

Official Summary Text

This bill incorporates local government entities into the Eligibility Verification for Entitlements Act, and clarifies that such Act is applicable to state government entities, local government entities, and local health departments pertaining to:



The verification of citizenship of applicants for benefits.


The liability for false, fictitious statements or representations.


Filing complaints with the United States attorney alleging criminal violations.


Violations and reports on compliance.


Sending to or receiving from the federal naturalization service information regarding immigration status of aliens.


The application process and the cost of verification.

This bill requires all state government entities, local government entities, and local health departments to report the number of individuals who applied for a public benefit and were determined upon receipt of a final verification not to be a United Sta
tes citizen or qualified alien to the general assembly, the department of finance and administration, and the centralized immigration enforcement division of the department of safety, and criminal liability for those who are in violation of this requireme
nt
. This bill authorizes the attorney general to investigate allegations that a local governmental entity or local health department is in violation of this bill.
VERIFICATION OF CITIZENSHIP OF APPLICANTS FOR BENEFITS

Unless prohibited by federal law, this bill requires every state governmental entity, local governmental entity, and local health department to verify that each applicant who is 18 or older and applies for a federal, state, or local public benefit from t
he state governmental entity, local governmental entity, or local health department is a United States citizen or lawfully present in the United States pursuant to the federal law.

This bill requires every state governmental entity, local governmental entity, or local health department to include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement requiring an applicant for a federa
l, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either a United States citizen, or a qualified alien, and a description of the penalties for violations. For local governmental entities, this bill must be
i
mplemented upon the local governmental entity's first reprinting of applicable forms or updating of the electronic or automated phone systems after July 1, 2026.

Each state governmental entity, local governmental entity, or local health department must maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or department's rules, regulations, or pol
icies governing storage or preservation of such documentation. Any document submitted is presumed to be proof of an individual's eligibility under this bill until a final verification is received by the state governmental entity, local governmental entit
y,
or local health department, and a state governmental entity, local governmental entity, or local health department must not delay the distribution of any federal, state, or local benefit based solely on the pendency of final verification. Upon receipt o
f a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity, local governmental entity, or local health department must terminate any recurring benefit, and must pursue any acti
on
applicable against the applicant.

ALLEGATIONS OF VIOLATIONS AND REPORTING REQUIREMENTS

This bill
authorizes the attorney general to investigate each credible allegation or complaint that a local governmental entity or local health department is in violation of this bill. If the attorney general concludes that a local governmental entity or local hea
lth department has violated this bill, the attorney general may proceed to enforce compliance with this bill by taking action to withhold all funds of this state allocated to the local governmental entity or local health department via grant, contract, or
s
tatute, including state-shared taxes.

This bill requires each state governmental entity, local governmental entity, and local health department to submit monthly reports to the general assembly, the department of finance and administration, and the centralized immigration enforcement divisio
n of the department of safety of the number of individuals who applied for a public benefit and were determined upon receipt of a final verification not to be a United States citizen or qualified alien and all information about such applicants, and the nu
mb
er of individuals for whom a final verification was received indicating that the individual is not a United States citizen or qualified alien and for whom the entity or department terminates a recurring benefit.

This bill requires each state governmental entity, local governmental entity, and local health department to report individuals who are not United States citizens or qualified aliens and who receive public benefits from the state governmental entity, loc
al governmental entity, or local health department to the centralized immigration enforcement division. An employee's or official's failure to report is a Class A misdemeanor, punishable by imprisonment of no more than 11 months, 29 days; a fine not to e
xc
eed $2,500; or both.

ON MARCH 30, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1915, AS AMENDED.

AMENDMENT #1 makes the following changes:



Requires each state governmental entity, local governmental entity, and local health department to report individuals who are not United States citizens or are not lawfully present in the United States who receive federal, state, or local public benefits to the centralized immigration enforcement division within the department of safety or, if required by federal law, to the local United States Citizenship and Immigration Services
.


Makes it an offense for an employee or official to intentionally fail to report an individual who are the employee or official knows is not a United States citizen or not lawfully present in the United States as required above. Such an offense is a class A misdemeanor, punishable by imprisonment of up to 11 months, 29 days; a fine of up to $2,500; or both.


Exempts the department of children's services from providing any information that would directly or indirectly identify a child or family receiving services from the department.


Changes the effective date for purposes of carrying out administrative duties necessary to effectuate this amendment to effective upon becoming a law.

Current Bill Text

SENATE BILL 1915
By Jackson

HOUSE BILL 1710
By Powers
HB1710
011380
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 1 and Title 4, Chapter 58, relative to
public benefits.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-58-102, is amended by adding the
following as a new subdivision:
( ) "Local governmental entity" means a county, including a county with a
metropolitan or charter form of government, and an incorporated city or town;
SECTION 2. Tennessee Code Annotated, Section 4-58-103(a)(1), is amended by
deleting the subdivision and substituting instead:
(1) Except where prohibited by federal law, every state governmental entity,
local governmental entity, and local health department shall verify, in the manner
provided in this chapter, that each applicant who is eighteen (18) years of age or older
and applies for a federal, state, or local public benefit from the state governmental entity,
local governmental entity, or local health department is a United States citizen or lawfully
present in the United States pursuant to the federal Immigration and Nationality Act (8
U.S.C. § 1101 et seq.).
SECTION 3. Tennessee Code Annotated, Section 4-58-103(b)(1), is amended by
deleting the language "every state governmental entity or local health department" and
substituting instead "every state governmental entity, local governmental entity, or local health
department".
SECTION 4. Tennessee Code Annotated, Section 4-58-103(b), is amended by adding
the following as a new subdivision:

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(3) With respect to local governmental entity, subdivision (b)(1) must be
implemented upon the local governmental entity's first reprinting of applicable forms or
updating of the electronic or automated phone systems, described in subdivision (b)(1),
after July 1, 2026.
SECTION 5. Tennessee Code Annotated, Section 4-58-103(c), is amended by deleting
the language "entity or local health department" and substituting instead "state governmental
entity, local governmental entity, or local health department".
SECTION 6. Tennessee Code Annotated, Section 4-58-103(d), is amended by deleting
the language "entity or local health department" wherever it appears and substituting instead
"state governmental entity, local governmental entity, or local health department".
SECTION 7. Tennessee Code Annotated, Section 4-58-103, is amended by deleting
subdivisions (e) and (f) and substituting instead:
(e) Each state governmental entity, local governmental entity, or local health
department shall maintain a copy of all documentation submitted by an applicant for
verification in a manner consistent with the state governmental entity's, local
governmental entity's, or local health department's rules, regulations, or policies
governing storage or preservation of such documentation.
(f)
(1) Any document submitted pursuant to subsection (c) or (d) is
presumed to be proof of an individual's eligibility under this chapter until a final
verification is received by the state governmental entity, local governmental
entity, or local health department, and no state governmental entity, local
governmental entity, or local health department shall delay the distribution of any
federal, state, or local benefit based solely on the pendency of final verification.

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(2) Upon receipt of a final verification that indicates that the applicant is
not a United States citizen or qualified alien, the state governmental entity, local
governmental entity, or local health department shall terminate any recurring
benefit, and shall pursue any action applicable against the applicant pursuant to
§ 4-58-104 or § 4-58-105.
SECTION 8. Tennessee Code Annotated, Section 4-58-104, is amended by deleting
subsections (b)-(d) and substituting instead:
(b) Any natural person who conspires to defraud a state governmental entity,
local governmental entity, or any local health department by securing a false claim
allowed or paid to another person in violation of this chapter is liable under § 4-18-
103(a)(3).
(c) A state governmental entity, local governmental entity, or local health
department shall file with the attorney general and reporter of this state a complaint
alleging a violation of subsection (a) or (b), as applicable.
(d) Any moneys collected pursuant to this section must be deposited with and
utilized by the applicable state governmental entity, local governmental entity, or local
health department that filed a complaint pursuant to subsection (c). The applicable
entity, local governmental entity, or local health department shall establish a fund for the
deposit of such moneys, and shall use such moneys for the sole purpose of enforcing
this chapter. Any interest accruing on investments and deposits of the fund must be
credited to such fund, must not revert to any general fund, and must be carried forward
into each subsequent fiscal year.
SECTION 9. Tennessee Code Annotated, Section 4-58-105, is amended by deleting the
language "state governmental entity or local health department" and substituting instead "state
governmental entity, local governmental entity, or local health department".

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SECTION 10. Tennessee Code Annotated, Section 4-58-106(a), is amended by
deleting the language "state governmental entity or local health department" and substituting
instead "state governmental entity, local governmental entity, or local health department".
SECTION 11. Tennessee Code Annotated, Section 4-58-106(b), is amended by
deleting the subsection.
SECTION 12. Tennessee Code Annotated, Section 4-58-107, is amended by deleting
the language "state governmental entity or local health department" and substituting instead
"state governmental entity, local governmental entity, or local health department".
SECTION 13. Tennessee Code Annotated, Section 4-58-109, is amended by deleting
the language "state governmental entity or local health department" and substituting instead
"state governmental entity, local governmental entity, or local health department".
SECTION 14. Tennessee Code Annotated, Title 4, Chapter 58, is amended by adding
the following as new sections:
4-58-111.
(a) The attorney general and reporter may investigate each credible allegation or
complaint that a local governmental entity or local health department is in violation of this
part.
(b) If the attorney general and reporter concludes that a local governmental
entity or local health department has violated this part, the attorney general and reporter
may proceed to enforce compliance with this part by taking action in accordance with §
4-1-429 to withhold all funds of this state allocated to the local governmental entity or
local health department via grant, contract, or statute, including, but not limited to, state-
shared taxes.
4-58-112.

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(a) Each state governmental entity, local governmental entity, and local health
department shall submit monthly reports to the general assembly, the department of
finance and administration, and the centralized immigration enforcement division of the
department of safety, created in § 4-3-2014, of:
(1) The number of individuals who applied for a public benefit and were
determined upon receipt of a final verification not to be a United States citizen or
qualified alien and all information about such applicants; and
(2) The number of individuals for whom a final verification was received
indicating that the individual is not a United States citizen or qualified alien and
for whom the entity or department terminates a recurring benefit.
(b)
(1) Each state governmental entity, local governmental entity, and local
health department shall report individuals who are not United States citizens or
qualified aliens and who receive public benefits from the state governmental
entity, local governmental entity, or local health department to the centralized
immigration enforcement division.
(2) An employee's or official's failure to report in violation of subdivision
(b)(1) is a Class A misdemeanor.
SECTION 15. This act takes effect July 1, 2026, the public welfare requiring it.