Tennessee state law generally has minimal bearing on immigration matters. Immigration policy comes from the federal government. The United States Citizenship and Immigration Services (USCIS) oversees employment and family-based immigration. The United States Immigration and Customs Enforcement (ICE) handles the difficult task of enforcing immigration rules.
State authorities generally don’t play much of a role in that process. However, a new law might potentially change that. Tennessee lawmakers recently passed a new law that took effect as of July 1st, 2024. This law has led to a lot of fear among immigrant communities across Tennessee.
What does the new immigration law actually mean for immigrants?
This new standard is not much different from current rules
As of July 1st, law enforcement agencies across Tennessee have an extra obligation. They must communicate with federal authorities when an investigation brings immigration violations to light. Tennessee police officers now need to notify federal authorities if someone is in the country illegally.
They also have an obligation to respond to requests for cooperation from those federal authorities. Police officers may need to identify and detain those without documentation. In some cases, local authorities may have to help with the deportation process as well.
Some local departments have already clarified that they intend to play a minimal role in immigration enforcement efforts, although they may readily communicate with federal authorities when they arrest someone in the country without proper documentation and authorization.
There is already an expectation in place that state agencies should assist federal authorities as necessary. It is already standard practice in most jurisdictions to undocumented immigrants immediately after taking them into state custody. Immigrants still have the same basic rights they always have. They can defend against criminal charges that could affect their status. They can appeal unfavorable immigration decisions.
Most immigrants in Tennessee are unlikely to experience any direct consequences related to this new law. Fear of racial profiling and of risks related to reporting crime have come to light. Crime victims could potentially be eligible for special visas in certain circumstances.
Discussing immigration concerns or pending criminal charges with a skilled legal team could help people feel more comfortable with changing legal rules. The new immigration policy in Tennessee is cause for concern for some, but most immigrants are unlikely to see significant changes.