RELEASE: Lawsuit Challenges Tennessee “Anti-Harboring” Law that Criminalizes Providing Shelter to People who are Undocumented
FOR IMMEDIATE RELEASE
June 23, 2025
CONTACT
Hayley Burgess, media@tnimmigrant.org
Lawsuit Challenges Tennessee “Anti-Harboring” Law that Criminalizes Providing Shelter to People who are Undocumented
WASHINGTON, DC — On June 20, a coalition including a religious organization and two individuals filed a lawsuit challenging the constitutionality of a newly enacted Tennessee law that criminalizes providing shelter to people who are undocumented, even when there is no intent to conceal them.
The Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown Law, the American Immigration Council, and the Tennessee Immigrant and Refugee Rights Coalition (TIRRC) filed the lawsuit in the federal district court for the Middle District of Tennessee. The lead plaintiff is the Southeastern Synod of the Evangelical Lutheran Church in America. They are joined by a local landlord and a Tennessee resident who shares a home with a son-in-law who is seeking asylum in the U.S.
Signed into law on May 9, Tennessee’s Senate Bill 392 creates sweeping criminal penalties for any individual or organization that “harbors” a person who is undocumented—a term that the bill defines to include providing shelter—for financial benefit. This sweeping bill could make it criminal for a church to offer temporary shelter, a landlord to rent out a room, or a family member to live with a person who is undocumented.
Additionally, the law is written so broadly that it could be used to criminalize providing shelter to those who were once undocumented but subsequently obtained protected status like asylum or protection under the Violence Against Women Act (VAWA).
“This law is not just harmful, it’s unconstitutional,” said ICAP senior counsel Elizabeth Cruikshank. “Immigration enforcement is a responsibility of the federal government, not something that states can pick up and weaponize however they choose. When individual states start creating their own immigration rules and penalties, it creates confusion, fear, and chaos, not just for immigrants, but for families, employers, and communities across the state. That’s why courts have consistently held that immigration policy must be uniform, and why laws like Tennessee’s cannot stand.”
The lawsuit argues that S.B. 392:
Violates the U.S. Constitution by allowing the state government of Tennessee to regulate immigration. This is a power reserved for the federal government; otherwise, if each state created and enforced its own immigration laws, the result would be a chaotic patchwork of conflicting rules, making it nearly impossible for law enforcement, businesses, and immigrants to navigate across state lines.
Is too vague for Tenneseeans to understand which conduct will be criminalized, introducing the specter of felony charges and decades-long prison terms for actions that may be entirely humanitarian in nature.
“This law is not about public safety, it’s about fear and xenophobia,” said American Immigration Council senior litigation attorney Suchi Mathur. “It has already made communities across the state less secure and will cause immeasurable harm once it goes into effect. Criminalizing things like sharing a home or welcoming churchgoers does not make people safe.”
“S.B. 392 does nothing to improve the lives of Tennesseans or protect public safety, and instead attempts to pit neighbors against each other,” said TIRRC senior director of legal strategy Spring Miller. “This law forces religious organizations to choose between following their values or falling in line. It forces family members—spouses, siblings, even parents—to fear that simply living under the same roof as a loved one without legal status could land them behind bars. This isn't just unintended consequences of a bad policy. This is using the law to inflict cruelty and control.”
The law is set to go into effect on July 1. The plaintiffs are seeking an immediate injunction to block enforcement of S.B. 392 while the case proceeds.
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The Tennessee Immigrant & Refugee Rights Coalition (TIRRC) is a statewide, immigrant and refugee-led collaboration whose mission is to build power, amplify our voices, and organize communities to advocate for our rights in order to build a stronger, more inclusive Tennessee where people of all nationalities, immigration statuses, and racial identities can belong and thrive. Since its founding in 2001, TIRRC has grown from a grassroots network of community leaders into one of the most diverse and effective coalitions of its kind, a model for emerging immigrant rights organizations in the Southeast and throughout the United States.