Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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PUBLIC CHAPTER NO. 771
HOUSE BILL NO. 1704
By Representatives Lamberth, Mr. Speaker Sexton, Zachary, Marsh, Garrett, Cochran,
Bulso, Lafferty, White, Howell, Gary Hicks, Todd, Vaughan, Farmer, Moody, Powers,
Kumar, Grills, Hawk, Cepicky, Hale, Carringer, Reeves, Leatherwood, Fritts, Doggett,
Darby, McCalmon, Greg Martin, Moon, Alexander, Boyd, Maberry, Sherrell, Renea Jones,
Slater, Tim Hicks, Crawford, Wright, Lankford, Scarbrough, Eldridge, Rudder,
Helton-Haynes, Brock Martin, Bricken, Butler, Atchley, Littleton, Hill, Warner, Stinnett,
Keisling, Raper, Stevens, Davis, Capley, Gant, Haston, Rudd, Terry, Reneau, Reedy
Substituted for: Senate Bill No. 1779
By Senators Johnson, Bowling, Hensley, Jackson, Lowe, Rose, Seal, Stevens, Taylor,
White
AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 38; Title 39; Title 40
and Title 41, relative to immigration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following new section:
(a) A person who is eighteen (18) years of age or older commits an offense who:
(1) Is an alien against whom a valid final order of removal is outstanding
by reason of being a member of any of the classes described in 8 U.S.C. §
1227(a); and
(2) Intentionally fails or refuses to depart from this state within a period of
ninety (90) days from the date of the final order of removal under administrative
processes, or if judicial review is had, then from the date of the final order of the
court.
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) If the person has not exhausted all available paths under federal law for
challenging the final order of removal, then the court shall grant a stay of the criminal
proceedings until the person has exhausted all available paths under federal law for
challenging the final order of removal.
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 1, is amended by
adding the following new section:
(a) A person who is eighteen (18) years of age or older commits an offense who:
(1) Is an alien that has been denied admission, excluded, deported, or
removed from the United States or has departed the United States while an order
of exclusion, deportation, or removal is outstanding; and
(2) Thereafter intentionally enters or attempts to enter this state, unless:
(A) Prior to the person's reembarkation at a place outside the
United States or the person's application for admission from foreign
contiguous territory, the United States attorney general has expressly
consented to such person1s reapplying for admission; or
(8) With respect to a person previously denied admission and
removed, unless such person shall establish that the person was not
required to obtain such advance consent under federal law.
HB1704
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) If the person has not exhausted all available paths under federal law for
challenging the federal action listed in subdivision (a)(1 ), then the court shall grant a stay
of the criminal proceedings until the person has exhausted all available paths under
federal law for challenging the action.
SECTION 3.
(a)
(1) Section 2 of this act takes effect on the thirtieth day following the
occurrence of either of the following circumstances, the public welfare requiring
it:
(A) The issuance of the judgment in any decision of the United
States Supreme Court overruling, in whole or in part, Arizona v. United
States, 567 U.S. 387 (2012), thereby authorizing states to determine that
a person is unlawfully present in this state; or
(8) Adoption of a federal statutory provision that, in whole or in
part, removes the preemption of states' ability to determine that a person
is unlawfully present in this state.
(2) The attorney general and reporter shall notify in writing the Tennessee
code commission of the occurrence of either of the circumstances in subdivision
(a)(1) and what date is the thirtieth day following such occurrence.
(b) All other sections of this act take effect July 1, 2026, the public welfare
requiring it.
2
HOUSE BILL NO. 1704
PASSED: April 6, 2026
CAMERON'S1!'XTON,SPEAKER
HOUSE OF REPRESENTATIVES
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\ RANDY M~NALLY
SPEAKER OF THE SENATE
/\or: ,sr APPROVED this :;l I 2026
day of
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.