A federal judge has denied a motion to temporarily block a Tennessee law making it illegal to “harbor” undocumented immigrants.
The petition for a preliminary injunction to block the law is a part of a lawsuit filed last year. The suit argues that 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.
State attorney says law could also criminalize people who smuggle, harbor immigrants residing in U.S. legally
Hearings began in September, when attorneys with the state said 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.
However, a state attorney also said that even if a person is later found to be 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 individuals.
“Because plaintiffs have not shown a likelihood of irreparable harm, the motion for preliminary injunction is denied,” reads the order from Judge William Campbell, who is presiding over the case in the U.S. District Court for the Middle District of Tennessee.
The denial for a preliminary injunction is not the final ruling, as the case is still working its way through the court system. The state has filed a separate motion to dismiss the case entirely.
A previous version of this article was published by our sister publication, the Nashville Post.
