A lawsuit has been filed against Tennessee’s new law, SB 392, which criminalizes the act of sheltering undocumented immigrants for financial gain. The plaintiffs argue the law violates constitutional rights, particularly by infringing upon religious freedoms and the federal government’s jurisdiction over immigration. The law is set to take effect on July 1, 2025, but the suit seeks to block its enforcement.
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Law Sparks Legal Battle
Tennessee’s SB 392, signed into law in May 2025, prohibits the act of concealing or providing shelter to undocumented immigrants for financial gain, categorizing it as human trafficking, a felony. As the law nears its implementation, a lawsuit is challenging its constitutionality.
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Plaintiffs’ Constitutional Claim
The lawsuit, filed by the Southeastern Synod of the Evangelical Lutheran Church and other parties, claims the law violates the U.S. Constitution. The plaintiffs argue that immigration enforcement is a federal responsibility, and state regulation of immigration oversteps constitutional boundaries.
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Religious Rights at Risk
A central issue raised in the lawsuit is the infringement on First Amendment rights. The Synod and other churches in Tennessee offer shelter services to individuals, regardless of their immigration status, as part of their religious ministry. The plaintiffs argue that the law’s broad language could criminalize such actions, undermining their religious freedom.
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Vague and Overbroad Language
The plaintiffs argue that SB 392’s language is too vague. For instance, the law defines “harboring” as “providing shelter,” but does not specify what constitutes shelter. This ambiguity, they argue, leaves churches and landlords vulnerable to prosecution for offering services like day shelters, soup kitchens, or even educational programs.
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Exemptions Cause Confusion
While the law exempts certain professionals, such as lawyers and healthcare providers, who assist immigrants, it still threatens religious and community groups. Critics contend that the law’s failure to define “shelter” creates uncertainty about the kinds of activities that might be criminalized, such as receiving donations or grants for providing shelter.
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Impact on Landlords and Families
The lawsuit also highlights the potential consequences for landlords and families living with mixed immigration statuses. They claim the law could lead to prosecutions for simply providing shelter to immigrants, even if they are not doing so for financial gain, or if the aid is a part of everyday life.
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State Officials Defend Law
State Sen. Brent Taylor and Rep. Chris Todd, the law’s sponsors, have responded by clarifying that the intent is not to target religious groups or landlords. Instead, they argue the law is aimed at stopping human trafficking by criminalizing financial gain from harboring undocumented immigrants. “This law is about human trafficking,” Todd emphasized.
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