TBA Law Blog


Posted by: Azya Thornton on Jun 5, 2026

The American Civil Liberties Union (ACLU) has filed a class action lawsuit in federal court challenging Section 1 of HB1704, which makes it a Class A misdemeanor for noncitizens to remain in Tennessee within 90 days of a final removal order, according to NewsChannel 5 Nashville. The law will go into effect July 1, and a Class A misdemeanor carries a maximum sentence of 11 months and 29 days in jail and a maximum fine of $2,500. The suit asks the court to prevent the state from enforcing Section 1 of the bill and to declare it unlawful, and names Tennessee Attorney General Jonathan Skrmetti, Tennessee Department of Safety and Homeland Security Commissioner Jeff Long and several district attorneys as defendants. The filing alleges that hundreds or thousands of individuals could face arrest, detention and prosecution if the law takes effect.