The ACLU-TN filed a lawsuit in June on behalf of seven Metro Nashville Council members, stating the law violates the First Amendment rights of locally elected officials to engage in legislative speech and debate.
The provision — part of Gov. Bill Lee’s 2025 immigration enforcement legislation — created a Class E felony for officials who vote in favor of policies or non-binding resolutions that can limit cooperation with immigration authorities. The charge is punishable by up to six years in prison and a $3,000 fine.
“The state acknowledged that the law unconstitutionally violates legislative immunity, the foundational principle that protects elected officials from prosecution for their voting record,” ACLU-TN stated in a Wednesday news release.
The settlement must be approved by the court to go into effect.
“It is antithetical to a free society for legislators to be charged with a crime for representing their constituents,” ACLU-TN Interim Legal Director Lucas Cameron-Vaughn stated in the release. “This law criminalized key aspects of a working democracy. It made dissent a felony. This agreement marks a major recognition that laws that target officials for voting violate the very foundation of the Constitution.”
The provision drew scrutiny from lawmakers — including Sen. Todd Gardenhire, the Republican chair of the Senate Judiciary Committee — prior to its passage during the 2025 legislative session. Gardenhire attempted to remove the criminal penalties from the bill but was blocked by other Republicans, who make up the majority of the committee.
Tennessee enacted a law allowing citizens to file civil lawsuits against local governments that adopt sanctuary policies in 2019.
After the ACLU-TN filed the lawsuit, Attorney General Jonathan Skrmetti informed the Tennessee General Assembly that he could “advance no argument in support of the constitutionality of the challenged statutes,” according to the proposed settlement.
The Tennessee General Assembly told Skrmetti that it would not hire outside counsel to defend the law.
The state will pay just over $61,200 in attorneys’ fees and court costs, the proposed settlement states.
“Every legislator, whether at the federal, state, or local level, has a constitutional guarantee against prosecution for how they vote,” Skrmetti’s office stated in an email. “Sanctuary policies remain illegal in Tennessee, but city and county officials cannot be imprisoned for voting for such policies. As a result, we agreed that dismissal of this case was the appropriate outcome.”
Rod's Comment: I knew this was a dumb action when the State legislature passed this bill. It is also a trampling of free speech. I am pleased Skemetti refused to defend it, and pleased this issue is resolved.
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