Full Breakdown
Tennessee's Sanctuary Policy Law Ruled Unconstitutional
2/27/2026, 7:27:08 AM
Overview of the Legal Challenge
A Tennessee law that imposed felony charges on local officials for voting in favor of "sanctuary policies" has been ruled unconstitutional. This decision follows a lawsuit filed by seven Nashville-Davidson County Metro Council members, challenging the law's legality. The law, enacted in 2025, classified such votes as a Class E felony, punishable by up to six years in prison and a $3,000 fine. The state attorney general's office, led by Jonathan Skrmetti, declined to defend the law in court, stating it violated the constitutional principle of legislative immunity.
Background of the Law
The controversial legislation was part of a broader immigration enforcement initiative supported by the Republican-controlled Tennessee General Assembly and Governor Bill Lee. It aimed to deter local governments from adopting policies that could limit cooperation with U.S. Immigration and Customs Enforcement (ICE). Prior to this law, Tennessee had already prohibited sanctuary cities, threatening non-compliant local governments with the loss of state funding.
Key Legal Developments
The lawsuit, filed in June 2025, argued that the law infringed upon the First Amendment rights of elected officials to engage in legislative debate. The ACLU-Tennessee represented the plaintiffs, asserting that the law criminalized essential aspects of democracy. Following the lawsuit, Attorney General Skrmetti informed the General Assembly that he could not defend the law's constitutionality, leading to a proposed settlement that would halt enforcement of the law.
Official Statements & Responses
In a joint statement, the ACLU-TN emphasized that the law's provisions were unconstitutional and that it was "antithetical to a free society" to prosecute legislators for their votes. Councilmember Clay Capp remarked that the ruling affirmed the principle that government officials should not face criminal penalties for representing their constituents. Skrmetti's office reiterated that "every legislator, whether at the federal, state, or local level, has a constitutional guarantee against prosecution for how they vote."
Criticism & Opposition
Despite the law's repeal, some Republican lawmakers had previously defended its provisions. Majority Leader William Lamberth described the felony charge as "the easiest felony in the world to avoid." Additionally, Senator Todd Gardenhire expressed concerns about the law's implications but faced opposition from fellow Republicans during its passage.
What's Next
The proposed settlement, which includes the state agreeing to pay over $61,200 in attorneys' fees and court costs, awaits court approval. While sanctuary policies remain illegal in Tennessee, local officials will no longer face criminal charges for voting in favor of such policies. This outcome is seen as a significant victory for legislative immunity and the rights of local officials to represent their communities without fear of prosecution.
Verbatim Quotes
- “It is antithetical to a free society for legislators to be charged with a crime for representing their constituents,” — Lucas Cameron-Vaughn, ACLU-TN Interim Legal Director
- “This is a huge victory for free speech and self-government,” — Clay Capp, Nashville Metro Councilmember
- “The state attempted to criminalize local governance decisions simply because it disagreed with them. Local officials are elected to reflect the needs and values of our communities, not to operate under the threat of felony prosecution for doing our jobs. This outcome reaffirms a basic principle: disagreement is not a crime, and public service is not subject to political intimidation.” — Brenda Gadd, Nashville Metro Councilmember
