Bill > SB1779

This bill creates two new criminal offenses in Tennessee, both classified as Class A misdemeanors, which carry a penalty of up to one year in jail and a fine of up to $2,500. The first offense applies to individuals who are aliens, meaning they are not U.S. citizens, and have a final order of removal, which is a federal government order to leave the country, outstanding against them. If such an individual intentionally fails or refuses to leave Tennessee within 90 days of that final order, they commit this offense. The second offense targets aliens who have previously been denied admission, excluded, deported, or removed from the United States, or who left the country while such an order was in place. If these individuals then intentionally enter or attempt to enter Tennessee, they commit the second offense, unless they have obtained express permission from the U.S. Attorney General to reapply for admission or are not required to obtain such consent under federal law. In both cases, criminal proceedings will be paused if the individual has not yet exhausted all available federal legal avenues to challenge their removal or other federal action. The second offense will only take effect if the U.S. Supreme Court overrules or modifies its decision in *Arizona v. United States*, which limited states' ability to enforce immigration laws, or if federal law is changed to allow states to determine a person's unlawful presence. All other provisions of the bill take effect on July 1, 2026.