TBA Law Blog


Posted by: Azya Thornton on Jun 25, 2025

The ACLU of Tennessee has filed a lawsuit challenging a new Tennessee law that makes it a felony for local officials to vote in favor of sanctuary city policies. The law, passed earlier this year as part of a broad immigration package, also created a new state immigration enforcement division, a separate driver’s license design for noncitizens and a grant program for local law enforcement agencies, WPLN reports. The ACLU filed the suit on behalf of seven members of Nashville’s Metro Council, arguing that it violates the First Amendment. The group called the measure "an unprecedented effort to criminalize legislative speech, debate and deliberation." The challenged provision makes it a Class E felony — punishable by up to six years in prison and a $3,000 fine — for local officials to support or enact sanctuary city measures. Officials also could be removed from office under the statute. Plaintiffs in the lawsuit include council members Clay Capp, Brenda Gadd, Delishia D. Porterfield, Sandra Sepulveda, Zulfat Suara, Terry Vo and Ginny Welsch. The case was filed in Davidson County Chancery Court.