A federal lawsuit challenging House Bill (HB) 1704, Tennessee’s new law making it a state misdemeanor offense for illegal aliens with final deportation removals to intentionally remain in the Volunteer State despite knowing their legal status, was dismissed on Friday.
U.S. District Judge Eli Richardson, who was appointed by President Donald Trump in 2018, determined that the plaintiffs lacked standing to file their lawsuit because they failed to demonstrate that they faced potential legal consequences under the law.
“Plaintiffs have failed to present evidence (or even allegations) to show that they are subject to valid and outstanding removal orders so as to demonstrate that their planned conduct is arguably proscribed,” wrote Richardson in a memorandum explaining his decision. “Given that failure, Plaintiffs have not shown that they have suffered an injury-in-fact.”
The federal judge elsewhere restated his determination that the plaintiffs had no legal claim because they “failed to allege that they are subject to removal orders that are valid and outstanding.”
Though the lawsuit was filed using pseudonyms, the plaintiffs were described as “Lucy,” a 58-year-old foreign national, and “Benjamin,” a 35-year-old foreign national, both residents of Memphis.
Richardon announced his decision just days before HB 1704 is slated to go into effect on July 1.
Once on the books, those adjudicated to be in violation will be guilty of a Class A misdemeanor, which carries penalties including a sentence of up to 11 months and 29 days in jail and fines of up to $2,500.
Lawmakers introduced HB 1704 as part of the slate of immigration legislation designed to make Tennessee a national model for federal cooperation and enforcement, including another bill that requires all Tennessee counties to enter formal agreements to cooperate with U.S. Immigration and Customs Enforcement (ICE) on certain immigration tasks by January 2027.
HB 1704 will take effect less than two weeks after a joint operation between ICE and federal, state, and local law enforcement resulted in the arrests of 117 illegal aliens in East Tennessee. Last year, a joint operation between ICE and Tennessee Highway Patrol saw nearly 200 illegal aliens detained in Nashville.
A report published in January by the Tennessee District Attorneys General Conference (TDAGC) found a total of 11,344 illegal aliens were convicted or charged with a crime in Tennessee last year.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
