Several immigrant rights organizations filed a federal class-action lawsuit to block a new Tennessee law that would make it a crime for certain immigrants with final deportation orders to remain in the state.

The legal action was brought by the American Civil Liberties Union (ACLU), the ACLU of Tennessee and the National Immigration Law Center, which argue that the legislation known as HB 1704 violates the Constitution by invading powers reserved exclusively to the federal government.

The rule, which is scheduled to come into force on July 1, is part of a series of initiatives promoted in different states to tighten immigration policies at the local level.

Organizations accuse invasion of federal powers

The plaintiffs maintain that US courts have reiterated for decades that the application of immigration laws corresponds solely to the federal government and not to state administrations.

HB 1704 establishes criminal sanctions for people with final removal orders who remain in Tennessee, even when they continue to carry out legal actions related to their immigration status.

“The standard has been clear for more than a century: Immigration law enforcement is an exclusively federal jurisdiction,” said Hannah Steinberg, an attorney with the ACLU Immigrants' Rights Project.

The organization believes that the measure will generate fear and uncertainty among immigrant families established for years in the state.

Immigrant families, among the plaintiffs

Those participating in the lawsuit include a 35-year-old Memphis resident who came to the United States as a child and is currently protected under the DACA program. Although he has lived in Tennessee for decades, he fears being detained and prosecuted under the new legislation.

Also part of the case is a 58-year-old woman who has lived in Memphis for 25 years. According to court documents, he financially supports one of his US citizen children and continues to process immigration protection mechanisms.

“HB 1704 would threaten our neighbors who have families here and have lived here for years,” said Zee Scout, an attorney with the ACLU of Tennessee.

For his part, Peter McGraw, deputy legal director of the National Immigration Law Center, assured that the law attempts to punish people for the simple fact of residing in Tennessee.

“This is a cruel and illegal attempt to punish people simply for living in Tennessee,” he said.

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