A lawsuit was filed against Tennessee on Monday in Davidson County Chancery Court by Nashville CARES, a nonprofit AIDS clinic challenging new guidance issued by the Tennessee Department of Health (TDH) in response to a new law expanding citizenship and immigration-status verification requirements for public benefits.
Nashville CARES argues in its lawsuit that TDH guidance is preempted by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a welfare reform law that generally prohibits illegal aliens from receiving certain taxpayer-funded benefits, but makes exceptions for the testing and treatment of communicable diseases, including HIV/AIDS.
In addition to treatments directly related to communicable diseases, Nashville CARES argues that the 1996 law, together with provisions of the federal Ryan White HIV/AIDS program, protects access to broader medical and support services, including dental care, medical nutrition therapy, mental health services, and insurance assistance.
The clinic additionally cites a provision of the 1996 welfare reform law establishing that nonprofit charities are not required under that law to verify recipients’ eligibility for public benefits, arguing that the TDH guidance conflicts with these federal protections.
Nashville CARES is represented in the lawsuit by the Tennessee Justice Center (TJC), a legal nonprofit that earlier this year was allocated $60,000 by the Metro Nashville Council in its current budget. The money was specifically allocated to TJC from money appropriated for the Metro Health Department.
Earlier this year, TJC represented a group of physicians suing over earlier TDH guidance they said resulted in children with serious medical conditions, who may not have been in the country lawfully, having their treatment jeopardized.
Davidson County Chancellor Patricia Head Moskal approved an agreed temporary injunction in July, blocking TDH from reporting identifying information about affected children to the Centralized Immigration Enforcement Division (CIED), which was established last year as part of the Tennessee Department of Safety and Homeland Security.
The law requiring proof of citizenship or lawful status in order to obtain public benefits was passed by the Tennessee General Assembly in April, when lawmakers passed a series of bills they said would establish Tennessee as a national “model” state for immigration enforcement and streamlined cooperation with federal authorities.
Another new law makes it a misdemeanor for illegal aliens to remain in Tennessee for longer than 90 days after being subject to a final deportation order, or to enter or reenter Tennessee after being deported. Other laws include new E-Verify requirements for government entities, prohibitions on illegal aliens from driving commercial vehicles, and English proficiency standards for all drivers.
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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].
Photo “NashvilleCARES” by NashvilleCARES.
