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By Billal Rahman
Immigration Reporter
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Tennessee Republicans have proposed legislation that would bar undocumented immigrants from filing most lawsuits in state courts, drawing strong backlash from legal experts and lawmakers who describe the move as unconstitutional.
Bennett Gershman, professor at Pace University Law School, told Newsweek: "The proposed Tennessee law barring immigrants from access to the legal system is very likely unconstitutional [and] in violation of the Fourteenth Amendment's guarantee of equality before the law."
Newsweek has contacted the Tennessee Republican Party for further comment via email.
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Why It Matters
Tennessee is among a growing number of Republican-led states pushing legislation to support President Donald Trump's hard-line immigration agenda. The bill's opponents warn that restricting access to the courts could set a dangerous precedent.
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What To Know
SB791/HB1037, sponsored by Rep. Johnny Garrett of Goodlettsville and Sen. Paul Bailey of Sparta, would prohibit immigrants from suing local governments for negligence, filing medical malpractice or product liability claims, or seeking compensation from the state's crime victims fund.
Critics argue that this measure could undermine constitutional protections and deny justice to vulnerable populations.
One expert told Newsweek that the Supreme Court has repeatedly ruled that all persons—regardless of immigration status—have the right to legal protection.
"The Amendment explicitly protects all "persons," not just U.S. citizens, in their ability to enjoy and exercise certain fundamental rights. One of the most important fundamental rights is the right of access to the judicial system to protect a person's legal rights and interests from injuries," Gershman said.
Tennessee Democrats warn that the legislation threatens constitutional protections for all individuals on U.S. soil.
State Senator Heidi Campbell told Newsweek that efforts to undermine these rights not only overturn years of legal precedent but also weaken the nation's fundamental commitment to justice.
Meanwhile, state Republicans previously introduced a bill that would allow public schools to deny enrollment to undocumented students.
House Majority Leader William Lamberth, who proposed the bill, argued that taxpayer funds, primarily contributed by legal residents and U.S. citizens, should be used to educate children who reside in Tennessee legally.
House Bill 793 says school districts and public charter schools "may enroll, or refuse to enroll, a student who is unlawfully present in the United States."
What People Are Saying
Gershman told Newsweek: The Supreme Court has ruled in numerous cases that barring certain persons from being able to into a court to protect their interests because of who those persons are—in effect making those persons strangers to the law – is a blatant violation of the Constitution.
"The equal protection clause forbids government from showing an animus or hatred toward certain classes of persons—homosexuals, poor people, and immigrant—so as to deny these persons the right to have a court's protection."
State Senator Heidi Campbell told Newsweek: "The controlling party is headed down a dangerous path with legislative efforts that challenge our shared constitutional protections. The U.S. Constitution is big enough to protect everyone on American soil—whether you were born here, live here, or are just visiting. Undermining these rights not only undoes years of constitutional precedent but also unravels the very fabric of our nation's commitment to justice."
Lisa Sherman Luna, executive director of the Tennessee Immigrant and Refugee Rights Coalition, told Newsweek: "This bill not only risks creating a harmful precedent for other marginalized groups but also echoes a troubling historical parallel to pre-Civil War-era laws that denied the humanity and legal personhood of enslaved people. By stripping individuals of their right to legal recourse based on immigration status, this legislation reopens wounds from our nation's past, where the humanity of certain groups was denied under the law. Moreover, it will open the door to more abuse, discrimination and crime, as it effectively allows bad actors to exploit individuals who are left without legal protections or avenues for justice."
What Happens Next
The bill will proceed through Tennessee's legislative process, including committee hearings and potential floor votes in the state House and Senate. If passed, it could face legal challenges on constitutional grounds.
Update 2/25/25, 11:34 a.m. ET: This article has been updated with comment from Lisa Sherman Luna.
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