NASHVILLE, Tenn. (WSMV) – A federal class-action lawsuit has been filed, challenging one of Tennessee’s new immigration laws, HB 1704, before it’s set to take effect on July 1.
The lawsuit, filed by the ACLU and others, argues that the law is unconstitutional because it gives the state immigration enforcement power that belongs to the federal government.
The law creates a misdemeanor charge for a person 18 or older with a final removal order to fail or refuses to leave the state within 90 days of that order.
Plaintiffs in the suit include two Memphis residents who say they fear arrest, detention and prosecution under this law.
Related: Tennessee House passes trio of immigration bills amid protests at state capitol
The suit includes the following plaintiffs, according to the ACLU:
“A 35-year-old Memphis resident who came to the United States on a visa when he was very young. His family applied for asylum, but the application was denied, and he was ordered removed when he was a teenager. He later applied for the Deferred Action for Childhood Arrivals program and has had DACA ever since. He has lived in Memphis for decades and fears he will now be arrested, detained, and prosecuted under the state’s new failure-to-depart law.”“A 58-year-old woman who arrived in the United States a quarter century ago on a visitor’s visa. After she applied for asylum, her application was denied and she was issued a removal order. She has applied for relief under the Violence Against Women Act. For the past 25 years, she has lived in Memphis. Her entire life is in Tennessee — her sons, including one U.S. citizen son who is starting college and she financially supports; her job, where she has worked for decades; her doctors and immigration lawyer; and her friends and neighbors. She too now lives in fear.”
The ACLU and others say the law would criminalize people for remaining in the state and “improperly” allow Tennessee to take on a federal immigration enforcement role.
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