The Tennessee House Judiciary Committee will hear a bill on Wednesday attempting to create a criminal charge for an illegal immigrant who fails to leave Tennessee after a final deportation order.
The state House Criminal Justice Subcommittee passed House Bill (HB) 1704 on a 6-2 vote last week.
HB 1704, which was introduced by state Representative William Lamberth (R-Portland), establishes a class A misdemeanor charge for illegal immigrants who don’t depart Tennessee within 90 days of the order being issued.
In Tennessee, a Class A misdemeanor charge could result in more than 11 years in jail.
Illegal immigrants who are challenging their removal order through the federal court system will have their state criminal case paused until all their federal legal remedies are used, HB 1704 says.
The bill proposal also would create a class A misdemeanor charge for an illegal immigrant who reenters Tennessee after being removed from America.
This new criminal charge would not apply to individuals who received consent from the U.S. Attorney General to reapply for reentry, or to those who demonstrate that federal law didn’t require advance consent.
Just like the other class A misdemeanor charge, illegal immigrants challenging their court case through the federal court system, the state court system will be stopped until the case is complete.
This section of the bill proposal would take effect if the Supreme Court overturns Arizona v. United States, which restricted states’ authority in immigration enforcement.
Furthermore, this section could take effect if Congress passes a law giving states the “ability to determine that a person is unlawfully present in this state.”
If the Tennessee Legislature passes HB 1704 and Governor Bill Lee signs it into law, Tennessee would be the first state to enact such a law regarding final removal orders.
Senate Majority Leader Jack Johnson (R-Franklin), who is the sponsor of HB 1704’s companion bill, Senate Bill 1779, said Tennessee “is leading the nation once again.”
“As sponsor of this legislation with State Representative William Lamberth, I’m proud to work with the Trump Administration to reinforce the rule of law. States must be empowered to assist in enforcing immigration laws as we hold those with final deportation orders accountable and keep our communities safe,” he stated.
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Zachery Schmidt is the digital editor of The Star News Network. Email tips to Zachery at zschmidt1717@gmail.com.
