On Tuesday, 7/1/25, Tennessee Senate Bill 392 took effect, establishing the offense of “human smuggling” and making it a Class E felony in the State of Tennessee to transport, intentionally conceal, harbor or shield from detection, for the purpose of commercial advantage or private financial gain, any individual that the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement (“ICE”). If the individual being concealed, harbored or shielded from detection was less than thirteen (13) years of age at any point during the time the offense was being committed, it becomes “aggravated human smuggling”, a Class A felony.
The Bill defines “harbor” as providing shelter or concealing the whereabouts of an individual whom the person knows has illegally entered or remained in the United States, thus exposing landlords to potential criminal liability for knowingly leasing to an individual who either entered or remained in the United States illegally.
A class action lawsuit has been filed in the US District Court for the Middle District of Tennessee, alleging that the new Bill criminalizes the provision of shelter to an individual, even without any intent to hide or conceal the individual from law enforcement or immigration authorities, and even if the person previously entered illegally, but now has lawful status. It further alleges that the Bill is preempted by federal law, is unconstitutionally vague, and impermissibly infringes on religious organizations’ rights to religious exercise and association.
