This article reflects Tennessee law and enforcement conditions as of June 2026. Tennessee has enacted two major waves of immigration enforcement legislation and multiple additional measures from its 'Immigration 2026' package. Key enacted laws: (1) 2025 Omnibus Immigration Enforcement Law (signed by Gov. Bill Lee, effective February 2025): created the Coordinated Immigration Enforcement Office (CIEO), established $5.6 million in incentive grants for local law enforcement to join 287(g) programs, created visually distinctive driver's licenses for non-citizens, made it a Class E felony (up to 6 years, $3,000 fine) for any public official to vote in favor of sanctuary policies, and allowed removal from office for such officials. (2) HB 1704 / State Immigration Crime Law (signed by Gov. Lee, effective July 1, 2026): creates a Class A misdemeanor for any adult with a final order of removal to fail or refuse to leave Tennessee within 90 days of that order being final; also creates a misdemeanor for entering Tennessee with an outstanding deportation order. A federal class action lawsuit was filed June 4, 2026, challenging HB 1704 as unconstitutional federal preemption; the litigation was pending as of June 2026. (3) Mandatory Sheriff 287(g) Bill (passed legislature April 2026, headed to Gov. Lee's desk as of April-May 2026): requires every Tennessee county sheriff to enter a 287(g) agreement with ICE by January 1, 2027, or risk loss of state funding. Nashville Sheriff Daron Hall has stated he is exempt from the requirement and opposes participation. Verify signature and status at capitol.tn.gov. Additional 2026 measures: a misdemeanor for driving without legal status; a bill requiring local governments to verify immigration status for benefits; other measures in the 'Immigration 2026' package. As of April 2026, 49 Tennessee counties had agencies with at least one 287(g) agreement. Only two counties (Greene and Knox) had agreements before the 2025 omnibus law. The Tennessee Highway Patrol declined a request from ICE to enter a joint enforcement agreement in early 2026. Verify current law status at capitol.tn.gov and current enforcement conditions at the Tennessee Immigrant and Refugee Rights Coalition (tirrcoalition.org).
Where Tennessee Stands
Tennessee is one of the most legislatively aggressive enforcement states in this series, having enacted two major waves of legislation - a 2025 omnibus and a 2026 package labeled 'Immigration 2026' by Republican leadership - that together position Tennessee as what state Republicans described as 'a model for the nation.' The 2026 package was crafted in coordination with Trump administration Deputy Chief of Staff Stephen Miller and passed largely along party lines through a Republican supermajority with no Democratic votes.
The defining features of Tennessee's story are the scale of the legislative effort and the legal contestation it has generated. The 2025 omnibus's felony provision for sanctuary-voting officials drew immediate ACLU opposition and generated First Amendment and due process concerns from legal analysts across the political spectrum, including one Republican senator who voted against it. The 2026 state immigration crime law (HB 1704) was challenged in a federal class action within six weeks of its signing, before it even took effect.
The internal division within Tennessee's enforcement posture is also notable: Nashville's Sheriff Daron Hall has stated his opposition to 287(g) agreements and claimed exemption from the mandatory participation bill, arguing they harm community trust and hinder law enforcement. The Tennessee Highway Patrol declined ICE's request for a joint enforcement agreement in early 2026. This tension between state legislative direction and the judgment of specific law enforcement leaders adds a layer of uncertainty to how the mandatory 287(g) bill will be implemented.
Tennessee's immigrant population includes significant communities in Nashville, Memphis, Knoxville, and Chattanooga. The state has significant Latino, Somali, Kurdish, and other immigrant communities, concentrated particularly in Nashville's diverse and economically vital workforce.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.
Arizona v. United States (2012) is the controlling preemption precedent. The Supreme Court held that states cannot supplement federal immigration law with parallel state criminal enforcement schemes. Several states - Texas, Oklahoma, Iowa, Louisiana, and now Tennessee - have enacted laws creating state criminal offenses that mirror or impose new consequences on immigration status violations. Those laws are under active federal court challenge based on the Arizona preemption framework. HB 1704's state immigration crime provisions are in that contested constitutional space. Democratic Sen. Jeff Yarbro of Nashville stated on the Senate floor during debate: 'It is utterly predictable that we are walking into constitutional litigation.' Republican Senate Majority Leader Jack Johnson argued the bill does not give the state authority to determine who is lawfully present, but rather creates consequences for adults who refuse to leave after a federal court has already ordered their removal.
Section 287(g) of the INA creates the voluntary delegation mechanism through which local agencies take on immigration enforcement functions. Tennessee's 2025 law created financial incentives for voluntary participation; the 2026 mandatory bill requires participation by January 1, 2027, under penalty of funding loss. Both are within the constitutional framework of a state directing its own subdivisions to cooperate - though the felony provision for sanctuary-voting officials raises distinct First Amendment questions courts have not fully resolved.
The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. Tennessee's laws are structured as state-level mandates on state subdivisions, which is within state authority.
Part 2: Tennessee State Law
2025 Omnibus Immigration Enforcement Law - Effective February 2025
Gov. Bill Lee signed Tennessee's 2025 omnibus immigration enforcement law in early February 2025. The law passed with no Democratic votes in either chamber. Key provisions:
The Coordinated Immigration Enforcement Office (CIEO) was created as a new state agency to coordinate immigration enforcement activities across Tennessee law enforcement. The CIEO's operations were designated confidential.
The law created $5.6 million in incentive grants for local law enforcement to enter 287(g) agreements with ICE. Before the law passed, only two Tennessee counties - Greene and Knox - had 287(g) agreements. By April 2026, 49 counties had at least one participating agency. The incentive program has drawn down only approximately $160,000 of the $5.6 million available as of early 2026, suggesting most agencies have not needed state funding support for participation.
The law made it a Class E felony, punishable by up to six years in prison and a $3,000 fine, for any public official to vote in favor of sanctuary policies. Public officials convicted under this provision also face removal from office. This applies to city council members, county commission members, school board members, and city and county mayors. The felony provision drew significant legal concern, including from Republican Sen. Todd Gardenhire of Chattanooga - the lone Republican vote against the bill - who stated on the Senate floor: 'We're telling an elected official, elected by the people in their district, their county, their city, who pledged to do the best job and obey the Constitution of the United States and the state of Tennessee... you can't cast a vote.'
The law also created visually distinctive driver's licenses for non-citizens - licenses that look different from standard Tennessee licenses issued to citizens. Green card holders and others with legal non-citizen status who previously received the same license as citizens must now receive a visually distinct license. The law also added requirements to prove citizenship status when applying for driver's licenses, instruction permits, and photo IDs, and prevented using out-of-state licenses issued to undocumented individuals as valid credentials.
HB 1704 - State Immigration Crime (Signed; Effective July 1, 2026; Under Federal Litigation)
HB 1704/SB 1779, a linchpin of the 'Immigration 2026' package, was passed by the Tennessee Senate 26-6 and the House 73-22 and signed by Gov. Lee. The law takes effect July 1, 2026. It creates two new criminal offenses:
The first offense is a Class A misdemeanor for any adult who has a final order of removal - meaning all legal challenges to that removal order have been exhausted - and who fails or refuses to leave Tennessee within 90 days of that order becoming final.
The second offense, under a separate provision that would be triggered only if the U.S. Supreme Court allows states to create such offenses following an eventual ruling that revisits or clarifies Arizona v. United States, creates a Class A misdemeanor for attempting to enter Tennessee when an outstanding deportation order is in effect, absent federal permission.
A federal class action lawsuit was filed on June 4, 2026, challenging HB 1704 as an unconstitutional assertion of state immigration enforcement authority that belongs exclusively to the federal government. Plaintiffs in the suit include two Memphis residents who stated they fear arrest, detention, and prosecution under the law. The lawsuit was filed before the law's July 1, 2026 effective date. As of June 2026, no court had issued an injunction staying the law. Verify the current litigation status and whether the law is being enforced before relying on this article, as courts may act in the period between this article's writing and your reading.
Tennessee joins Texas, Oklahoma, Iowa, Louisiana, and Georgia in enacting state criminal penalties related to immigration status - all of which face federal court challenges citing the Arizona v. United States preemption framework.
Mandatory Sheriff 287(g) Bill - Passed Legislature April 2026; Awaiting Governor Signature
A bill requiring all Tennessee county sheriffs to enter at least one 287(g) agreement with ICE by January 1, 2027, passed the Tennessee legislature in April 2026, on the final day of the legislative session. The bill was headed to Gov. Lee's desk as of late April 2026. Sheriffs who do not comply risk loss of state funding allocated to their agency. The bill allows temporary suspension of compliance during emergencies requiring deputies to be redirected to public safety threats.
As of April 2026, 49 Tennessee counties had at least one 287(g)-participating agency. The mandatory bill targets the remaining counties that have not yet joined any agreement. Nashville Sheriff Daron Hall has publicly opposed the agreements, stating they damage community trust and divert deputies from local crime-fighting. Hall stated he believes his office is exempt from the mandate; that exemption claim had not been tested in court as of June 2026. Verify the final signed status of this bill and its enforcement at capitol.tn.gov.
Additional 2026 Immigration Package Measures
The 'Immigration 2026' package included more than a dozen bills. Among those passed or advancing as of late April 2026: a misdemeanor crime for driving in Tennessee without legal immigration status; requirements for local governments to verify immigration status before providing certain benefits; and other measures imposing immigration verification requirements on various state and local functions. A measure that would have required student immigration status data-gathering at public schools failed. A measure that would have required schools, hospitals, and police to report undocumented students and patients also failed, though parts of that concept were incorporated into other bills. Verify the enacted status of each measure at capitol.tn.gov.
Tennessee Highway Patrol - Declined 287(g) Joint Agreement
The Tennessee Highway Patrol rejected a request from ICE to enter a joint enforcement agreement in early 2026, according to Tennessee Lookout reporting in March 2026. This is notable given that state troopers have enforcement presence on every Tennessee highway. The Highway Patrol's refusal reflects an independent judgment by that agency about the resource and operational implications of formal 287(g) participation, separate from the political direction of the legislature and governor's office. Whether the mandatory sheriff bill's requirements would eventually extend to the Highway Patrol is a separate question from the sheriff-specific legislation.
Part 3: How State and Federal Law Interact in Tennessee
Tennessee's legislative framework rests on two constitutional pillars that operate differently. The 287(g) mandate - requiring sheriffs to enter cooperative agreements with ICE - is a state directing its own political subdivisions to cooperate with federal enforcement. This is within state authority and does not violate the Tenth Amendment's anti-commandeering principle. Florida has achieved similar universal coverage through executive interpretation of its sanctuary ban.
The state criminal offense created by HB 1704 is on different and more contested constitutional ground. The core question is whether Tennessee can create a state criminal offense that imposes state penalties for conduct already governed by federal immigration law. The Arizona v. United States (2012) decision held that states cannot supplement federal immigration law in ways that conflict with congressional intent. Whether HB 1704's specific provisions conflict with federal law - particularly given that they are triggered only by a final federal removal order - is what the federal class action filed June 4, 2026 directly contests. The outcome of that litigation, and potentially of parallel cases in other states with similar laws, will determine whether HB 1704 is enforceable.
The felony provision for sanctuary-voting officials - created in the 2025 omnibus - raises First Amendment concerns independent of the preemption debate. Criminalizing how an elected official votes on a matter of local policy implicates free speech and free exercise of governmental authority in ways that courts have not fully adjudicated in this context.
Federal enforcement in Tennessee operates through the Nashville Field Office of ICE. Federal operations do not depend on local 287(g) cooperation, though they leverage it where agreements exist.
Part 4: What This Means for Families on the Ground
For immigrant families in Tennessee, the legal landscape changed significantly in 2025 and is continuing to change in 2026. The 2025 law's incentive structure rapidly expanded 287(g) participation from two counties to 49 in about a year. The 2026 mandatory bill, once signed and effective, would add most or all remaining counties by January 1, 2027.
The state immigration crime created by HB 1704 is the most immediately consequential for individuals with final orders of removal. If you or a family member has a final removal order - meaning all appeals have been exhausted - the law creates a state criminal exposure effective July 1, 2026, unless a court stays it. Consult an immigration attorney immediately about the status of any removal order. The class action filed June 4, 2026 may result in a court order staying enforcement before July 1; verify that status.
The distinctive driver's license requirement affects legal non-citizens including green card holders. Tennessee's new licenses for non-citizens are visually distinct from citizen licenses. Tennessee police can see from a license that the person is a non-citizen, which may affect the nature of police interactions.
Nashville presents the most significant internal variation. Nashville's Sheriff Hall has publicly opposed 287(g) participation and claimed exemption from the mandatory bill. The Metro Nashville Public Schools district has stated it fields ICE records requests through its lawyers and notifies parents. The city's political leadership is Democratic. However, the state felony provision means Nashville officials cannot formally vote in favor of any sanctuary policy without risking criminal prosecution. The combination of local resistance and state criminal penalties creates a complex operational landscape for immigrant families in Nashville.
Tennessee has no long-term ICE detention facility within the state. People detained in Tennessee may be held at local county jails with ICE agreements and transferred to ICE detention facilities in neighboring states. Contact an attorney and use the ICE Detainee Locator immediately upon any detention.
Part 5: What You Can Actually Do
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry.
You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.
If You Have a Final Order of Removal
HB 1704, effective July 1, 2026, creates a state misdemeanor charge for remaining in Tennessee more than 90 days after a final removal order. Consult an immigration attorney immediately if you or a family member has a final removal order. Verify whether the June 4, 2026 class action lawsuit has resulted in a court order staying enforcement of HB 1704 before the July 1 effective date. Contact the ACLU of Tennessee or the Tennessee Immigrant and Refugee Rights Coalition for current litigation status.
If Stopped by Tennessee Law Enforcement
In the 49 counties with 287(g) agreements as of April 2026, local law enforcement has immigration enforcement authority at the jail level and, in Task Force counties, during routine patrol. You have the right to remain silent on immigration matters. Provide your driver's license and required vehicle documents when stopped. Do not answer questions about your immigration status, birthplace, or how you entered the country.
Note that Tennessee's new visually distinctive license for non-citizens means officers can see from your license that you are a non-citizen. This does not by itself authorize immigration enforcement, but it affects what officers know.
At School
Under Plyler v. Doe (1982), all children in the United States have the right to a public school education regardless of immigration status. Tennessee's 2026 attempt to require immigration status data-gathering at schools failed. Metro Nashville Public Schools stated it routes ICE requests through its lawyers and notifies parents. Contact your school district about its specific policy on ICE information requests.
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. Tennessee does not have a long-term ICE detention facility. Detainees may be held at county jails with ICE agreements or transferred to facilities in other states.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180.
Contact the Tennessee Immigrant and Refugee Rights Coalition (TIRRC): tirrcoalition.org. TIRRC is the primary statewide advocacy organization for immigrant communities in Tennessee and has been closely tracking the 2025 and 2026 legislation.
Contact the ACLU of Tennessee: aclu-tn.org. The ACLU of Tennessee has been engaged on the 2025 and 2026 legislation and the HB 1704 class action.
Contact Legal Aid Society of Middle Tennessee and the Cumberlands: las.org. Legal Aid provides free civil legal services including immigration matters for qualifying low-income Tennesseans.
Contact the Tennessee Justice Center: tnjustice.org for immigration and benefits legal matters.
Know the Risk Points in Tennessee
49 counties had 287(g) agreements as of April 2026. The mandatory bill, if signed, would require all remaining counties to join by January 1, 2027. Verify your county's current status.
HB 1704 creates a state criminal offense for remaining in Tennessee with a final removal order, effective July 1, 2026. A class action challenging the law was filed June 4, 2026. Verify litigation status before that date.
Tennessee's distinctive non-citizen driver's license creates visibility of immigration status during any police encounter involving a license check.
The felony provision for sanctuary-voting officials means no Tennessee city council, county commission, school board, or mayor can formally vote for any sanctuary policy. This is the law's deterrent effect on local protective measures.
Nashville Sheriff Hall opposes 287(g) participation and has claimed exemption from the mandatory bill. That claim was not resolved in court as of June 2026.
Part 6: Legal Resources in Tennessee
Tennessee Immigrant and Refugee Rights Coalition (TIRRC): tirrcoalition.org. The primary statewide advocacy organization for immigrant communities in Tennessee; tracks all legislation and enforcement.
ACLU of Tennessee: aclu-tn.org. Engaged on the 2025 omnibus challenge and the HB 1704 class action.
Legal Aid Society of Middle Tennessee and the Cumberlands: las.org. Free civil legal services including immigration for qualifying low-income Tennesseans in Middle Tennessee.
Memphis Area Legal Services: malsi.org. Free legal services in the Memphis area.
Tennessee Justice Center: tnjustice.org. Immigration and benefits legal matters.
Nashville International Center for Empowerment (NICE): empowernashville.org. Direct services for immigrant and refugee communities in Nashville.
Immigration Advocates Network: immigrationadvocates.org.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
Tennessee enacted two major waves of immigration enforcement legislation. The 2025 omnibus (effective February 2025) created the CIEO enforcement office, $5.6 million in 287(g) incentives, visually distinctive non-citizen driver's licenses, and a Class E felony for public officials who vote for sanctuary policies. The 2026 'Immigration 2026' package includes HB 1704 (effective July 1, 2026, creating a state misdemeanor for remaining in Tennessee with a final removal order), a mandatory sheriff 287(g) bill requiring all county sheriffs to participate by January 1, 2027, a misdemeanor for driving without legal status, and other measures. A federal class action was filed June 4, 2026, challenging HB 1704 as unconstitutionally preempted by federal law; that case was pending as of June 2026.
As of April 2026, 49 Tennessee counties had 287(g) agreements, up from two before the 2025 law. The Tennessee Highway Patrol declined a 287(g) joint agreement request. Nashville Sheriff Hall has opposed participation and claimed exemption from the mandatory bill. Tennessee has no long-term ICE detention facility; detainees are held in county jails and transferred to neighboring states. Verify the current status of all 2026 legislation and the HB 1704 litigation at capitol.tn.gov and tirrcoalition.org. For families with final removal orders, consult an immigration attorney immediately regarding HB 1704's July 1, 2026 effective date.
Sources and verification: Tennessee 2025 Omnibus Immigration Law (signed February 2025; CIEO; $5.6M incentives; visually distinctive licenses; Class E felony for sanctuary-voting officials; effective February 2025); HB 1704/SB 1779 (Tennessee state immigration crime; signed Gov. Lee; effective July 1, 2026; Class A misdemeanor for remaining with final removal order); federal class action challenging HB 1704, filed June 4, 2026 (WSMV reporting); Tennessee Lookout, 'A Model for the Nation? Tennessee GOP Ushers in Sweeping Immigration 2026 Agenda,' April 29-30, 2026 (package description; Stephen Miller cooperation; 49 counties with agreements; Nashville Sheriff Hall opposition; TIRRC and executive director Lisa Sherman Luna quote; Plyler v. Doe context; school data-gathering bill failed); Tennessee Lookout, 'Tennessee Senate Adopts New State Immigration Crimes,' April 7, 2026 (HB 1704 26-6 Senate vote; Sen. Yarbro 'utterly predictable' litigation quote; Sen. Johnson response; Arizona v. United States parallel states); WSMV, 'Tennessee Legislature Passes Bill Requiring County Sheriffs to Enter Agreement Under 287(g),' April 23-24, 2026 (mandatory bill passed; deadline January 1, 2027; funding penalty; emergency exception); WKMS/WPLN, 'Tennessee Brings Trump's Immigration Policy to the States,' April 24-29, 2026 (two counties before 2025 law; $160K of $5.6M drawn down; THP declined ICE agreement); Nashville Banner, 'Tennessee Legislature Advances Anti-Immigrant Bills,' February 18, 2026 (Garrett claims half of crimes by undocumented; TDAG crime report; 11,000 crimes; 2,183 violent; 509,000 total reported); Tennessee Lookout, 'Tennessee House Passes Immigration Enforcement Bill; ACLU Plans Legal Challenge,' February 4, 2025 (2025 omnibus vote 72-22 House; Lamberth quotes; Gardenhire lone Republican 'no' vote and floor statement; ACLU statement; Nashville Metro Council Immigrant Caucus 'see you in court'; non-citizen license; Vanderbilt poll half of Tennesseans support deportations); WPLN, 'Tennessee Passes Sweeping Immigration Law,' February 4, 2025 (Gov. Lee 'Trump win is a mandate' quote); NewChannel 5, 'Final Day of Session,' April 23, 2026 (THP declined joint agreement); Sen. Yarbro comment on sanctuary ban felony liability; Arizona v. United States, 567 U.S. 387 (2012); Plyler v. Doe, 457 U.S. 202 (1982); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: HB 1704 litigation status (class action filed June 4, 2026; may result in injunction before July 1, 2026 effective date; verify at aclu-tn.org or tirrcoalition.org); mandatory sheriff 287(g) bill governor signature status (passed legislature April 2026; headed to Gov. Lee's desk; verify at capitol.tn.gov); current county 287(g) list (49 as of April 2026; verify at ice.gov); Nashville Sheriff Hall exemption claim status; any ACLU challenge to the 2025 felony provision. Last verified: June 2026.