Lawyers presented their cases Wednesday at the first hearing regarding a federal lawsuit that challenges a Tennessee law making it illegal to “harbor” undocumented immigrants — with a state attorney saying certain circumstances could also criminalize the housing of individuals residing in the U.S. legally.
The lawsuit argues that the recently enacted Senate Bill 392 is unconstitutional and that its broad language could criminalize landlords, churches and nonprofits that house undocumented immigrants. It also contends that enforcement of immigration law should be left up to the federal government rather than the states.
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“I see members of my community, members of my church ... who are afraid to continue helping each other in light of this new law,” said Luis Suara, a pastor from Franklin, at a press conference outside the Fred D. Thompson U.S. Courthouse and Federal Building in downtown Nashville. “This is unacceptable. This is not right. Safety for our communities means protecting our cherished gathering places.”
Attorneys with the state say churches and other groups would not be liable under the law, noting its intention is to crack down on “professional smugglers” who transport or harbor undocumented immigrants for a profit.
The legal status of a person living in the U.S. is left largely in the hands of Immigrants and Customs Enforcement (ICE) and can be determined through documents like arrest warrants or notices of appearance. However, state attorney Miranda Jones said at the hearing that even if a person is later to be found in the U.S. legally, the person or group harboring the individual could still be held criminally liable. She said whether those people or groups are charged could be determined by their having had prior knowledge that they were possibly smuggling or harboring undocumented people.
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The state also argued during the hearings at the federal courthouse that the lawsuit was premature, as it was filed before the law went into effect on July 1.
“All they have to rely on is their own fear,” Jones said of critics of the bill.
Lawyers challenging the bill said there have already been substantial concerns in Nashville, including from landlords who have evicted or denied tenants based on their immigration status due to fear of being held criminally liable. The Scene recently reported on an increase in evictions of undocumented immigrants, possibly as a result of the law.
The plaintiffs are seeking a preliminary injunction to block enforcement of the law while the case works its way through the court system. Judge William Campbell Jr. is presiding over the case.
This article was first published by our sister publication, the Nashville Post.
