Tennessee Churches and Community Groups Challenge Anti-Harboring Law in Federal Court

*Video Included* Tennessee Churches and Community Groups Challenge Anti-Harboring Law in Federal Court

Lawsuit seeks to block enforcement of S.B. 392, which criminalizes providing shelter to undocumented individuals

PRESS RELEASE

FOR IMMEDIATE RELEASE

September 11, 2025

CONTACT

Media@tnimmigrant.org

NASHVILLE—  Yesterday, the federal district court for the Middle District of Tennessee held the first hearing in Southeastern Synod of the Evangelical Lutheran Church in America et al. v. Finney et al, a federal lawsuit challenging Tennessee Senate Bill 392, which creates 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. The law went into effect on July 1. The plaintiffs are seeking an immediate injunction to block enforcement of S.B. 392 while the case proceeds. 

Before the hearing, attorneys representing the plaintiffs and community advocates held a press conference highlighting the danger of allowing laws such as this to go unchallenged.  You can find a recording of the press conference here.

“We - all of us here today - are proof that Tennesseans will not allow our leaders to weaponize state laws,” said Lisa Sherman Luna, executive director of TIRRC. “We will not allow them to make us fear our neighbors. We are showing that we can - and will - fight these injustices.” Near the end of the presser she boldly shared that TIRRC will not be afraid to use the power of the law. "We know we have to use every tool in our toolbox, including recourse to the courts to challenge attacks on our communities. Time and time again we are proving we are not powerless against these injustices, and the bonds between each member of our community are stronger than the hate and fear that some of our state and federal our leaders are trying to force upon us."  

“This law does not represent the Tennessee I see every day. The Tennessee I know is always looking out for each other and is the first to extend a helping hand and would never turn away a neighbor in need,” stated Rev. Luis Sara, Outreach Pastor of Franklin Community Church. “I have seen members of my community, my church, and the city, who are afraid of helping each other due to this new law. This is unacceptable and this is not right.” 

Michelle Lapointe, Legal Director of the American Immigration Council also spoke saying, “Across the country we are seeing laws and policies designed to sow fear, isolate immigrant communities, and drive people away from public life. In Tennessee this cruel law is just the latest example. It threatens to criminalize compassion, punish caring for our neighbors and drag our houses of worship and even our homes into political battles where they don’t belong. Let’s be clear. This is not about public safety. Laws like this don’t make people safer. They undermine trust and pit neighbors against each other.”

Community advocates highlighted the ways this law, and others like it, can increase fear and opportunities for discrimination.

“This law not only confuses and frightens immigrants but also housing providers, creating the potential for even well-intentioned housing providers to violate the Fair Housing Act while attempting to follow Tennessee’s anti-harboring law,” said Martie Lafferty, executive director of the Tennessee Fair Housing Council. “Tennessee’s anti-harboring law also chills immigrants from seeking help with potential discrimination and may lead them to incorrectly believe they do not have legal protection from housing discrimination.”

The coalition of plaintiffs represents a broad cross-section of Tennessee communities united in their commitment to protecting the fundamental values of compassion and community support. The outcome of this legal challenge will have far-reaching implications not only for Tennessee but for communities across the nation grappling with similar legislative attempts to restrict humanitarian assistance.