Civil Procedure

Plain English Breakdown

The official source material does not provide information on enforcement mechanisms.

Law about People Unlawfully Present

This bill changes Tennessee laws to prohibit unauthorized aliens from starting or joining certain civil cases as plaintiffs.

What This Bill Does

• Defines an 'unauthorized alien' according to federal law and regulations.
• Prohibits unauthorized aliens from commencing or appearing as plaintiffs in civil actions under Title 29.

Who It Names or Affects

• People who are unlawfully present in the United States
• Courts and judges in Tennessee

Terms To Know

unauthorized alien

A person who is unlawfully present in the U.S. according to federal law.

civil action

A legal case where someone tries to get a court to order another person or group to do something or pay money.

Limits and Unknowns

• The bill only specifies the prohibition for civil actions under Title 29.
• It is unclear how this law will be enforced in practice.

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

HOUSE BILL 1037
By Garrett

SENATE BILL 791
By Bailey

SB0791
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.