Metro Nashville Courthouse. (Photo: John Partipilo)
Immigrants without permanent legal status would no longer have the right to pursue most lawsuits in Tennessee courts under a bill introduced this month by Republican lawmakers.
The bill (SB791/HB1037) by Rep. Johnny Garrett of Goodlettsville and Sen. Paul Bailey of Sparta would bar immigrants from suing local governments for negligence or seeking compensation for medical malpractice, pursuing product liability claims or accessing the state’s crime victims fund.
Legal experts said the bill appears to be in direct conflict with the 14th Amendment’s guarantee that “no state can deny equal protection of the law to any person within its jurisdiction.”
Neither Garrett nor Bailey responded Friday to questions about the measure, which has yet to be scheduled for review by a legislative committee.
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Christopher Smith, a Nashville attorney, noted the bill also strips individuals of the ability to pursue so–called declaratory judgments — a critical legal tool used in Tennessee courts to challenge unconstitutional state laws.
“This extreme measure effectively blocks their ability to contest the legislation designed to silence them,” said Smith, an attorney with DRS Law.
“This bill undermines fundamental constitutional principles by denying equal protection and access to justice, effectively creating a vulnerable underclass without legal recourse,” he said.
As Republican-led states weigh a variety of immigration-related legislation in an effort to mirror the Trump Administration’s approach to enforcement, Tennessee’s bill barring access to civil actions appears to be unique, according to Zachary Norris, who tracks state-level immigration policies as a senior attorney with Washington, DC-based think tank the Niskanen Center.
Norris said the measure, if successful, would invite abuses by individuals and institutions that know they cannot be held accountable for actions that harm individuals who entered the country illegally.
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One scenario Norris posed: manufacturers of products sold in stores frequented by immigrants without legal status could cut safety corners with no consequence. Another: an individual who assaulted or injured an individual without permanent legal status could not be taken to court to pay for hospital or healthcare expenses incurred by their victims.
“This creates a situation where people believe they can trample on the rights of undocumented immigrants, because there’s no legal recourse if they do,” Norris said. “It takes away a measure of accountability for how human beings treat each other in society.”
Norris noted the proposed legislation is not the first to be introduced in Tennessee this year that could be used as a vehicle to challenge Plyler v Doe, the Supreme Court case that established the right of children to attend K-12 public schools regardless of their immigration status.
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Tennessee House Majority Leader William Lamberth and state Sen. Bo Watson, a Hixson Republican, unveiled a bill earlier this month that would allow school districts and charter schools to “opt out” of enrolling students who lack permanent legal status.
A separate bill from Rep. Gino Bulso of Brentwood and Sen. Joey Hensley of Hohenwald, both Republicans, would require parents of kids without legal status to pay public school tuition and fees.
And Gov. Bill Lee’s signature legislation this year establishing state-wide vouchers for students attending private schools specifically excludes children without legal immigration status from participation.
All of the proposed Tennessee laws conflict with the precedent established by the 1982 Plyler decision.
“Plyler’s underlying holding is that the 14th Amendment equal protection clause applies to all persons,” Norris said. “Education is one of the core rights that’s guaranteed under the 14th Amendment. So is access to the courts.”
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