Tennessee Moves to Penalize Aiding Undocumented Immigrants

A proposal that would criminalize the harboring or hiding of individuals lacking lawful immigration status passed a Tennessee House subcommittee on Wednesday, with critics warning it could set a perilous precedent that might target family members in mixed-status households and nonprofit or faith-based groups engaged in charitable activities. The legislation (HB322/SB392) proposed by Rep. Chris Todd from Madison County and Sen. Brent Taylor from Memphis, both members of the Republican Party, would establish a Class A misdemeanor for “harboring or hiding” an individual illegally in the United States, carrying a $1,000 fine and potential imprisonment of up to one year for each person who was concealed, sheltered, or protected. 

The suggested law would establish a new felony charge for “human smuggling,” which could result in a prison sentence of up to 6 years and a $3,000 fine for anyone who “encourages or induces” someone “to stay in this state in violation of federal law.” If the person being motivated or prompted to stay in Tennessee is younger than 13 years, the offense escalates to a Class A felony, which carries a punishment of up to 60 years in prison and a maximum fine of $50,000. Democratic legislators and immigrant supporters opposed to the initiative cautioned that the proposal might inadvertently involve family members residing with an immigrant lacking legal status and affect the current assistance that churches and nonprofit groups offer to immigrants in Tennessee, irrespective of their legal standing. 

Source: Tennessee Lookout