Metronashville Councillors Terry Vo, Zulfat Sula, Sandra Sepulveda and Jeff Prepit are among seven members of Metro Council, plaintiffs in a lawsuit against Tennessee that challenged the recent immigration law. (Photo: John Partipilo/Tennessee Lookout2025)

The American Civil Liberties Union in Tennessee is suing the nation New Law It generated felony charges among elected officials who voted in favor of immigration sanctuary policies.

Litigationfiled Tuesday in Davidson County Chance Court on behalf of seven members of Metronashville Council, claiming that the law violates the right to free speech of local elected amendments.

The law creates a rank-E felony for local civil servants who vote to adopt a “sanctuary policy,” and requires officials who violate the law to be removed from the office “as soon as possible.” The charges will be punished with a $3,000 fine for up to six years in prison.

“This law violates the constitutional protections I have as a legislator: do what is best for my members without fear of interference,” said one of the plaintiffs, Metro councillors of Great Zulfat Suara. “We must not allow the state to take away these protections. As a civil servant and immigrant, I cannot accept laws that criminalize compassion. Many immigrant families are already in terror.

Suer has been involved in the lawsuits, including Council members Clay Cup (District 6), Brenda Gadd (District 24), Sandra Sepulveda (District 30), Terry Vo (District 17), Ginny Welsh (District 16) and Delicia Porterfield (District 16).

Voting for immigration sanctuary policy: “Constitutional Suspect”

Representatives of Attorney General Jonathan Skulmetti and Davidson County District Attorney Glenn Funk, who were appointed as defendants in the case, could not immediately comment.

District 25 Metro Council member and attorney Jeff Prepit represents his fellow council members as counsels in the litigation along with ACLU-TN legal directors Stella Yarbra and Ben Gastel.

“The law makes local leaders a felony for us to do the work our community has chosen for them,” Preptit said in a news release. “Local leaders should not face criminal charges to pass on policies that reflect the values ​​and safety concerns of their neighbors, especially when those policies ensure trust between residents and local governments.”

The provision is part of a broad immigration enforcement plan led by Gov. Bill Lee’s administration to align with the Trump administration’s immigration policy. Lee signed the bill in February after being passed at a special legislative meeting with strong support from the Republican supermajority of the Tennessee General Assembly.

Sen. Todd Gardenhier, Republican chairman of the Senate Judiciary Committee, joined the Democrat senator by voting against the measure after calling it a “dangerous precedent.”

Passing the law, first amendments, government accountability, and legal experts say that the law is “Constitutionally doubtful.”

Sen. Jack Johnson said in an email statement in January that “requiring local and civil servants to comply with federal law is not a matter of public opinion,” and that criminal penalties “reflect the “overwhelming beliefs of our members” regarding the Trump administration’s support for immigration enforcement.”

Tennessee’s 2019 law already prohibits the adoption of “sanctuary policies.” It is widely defined as a formal or informal policy that somehow restricts state or local government cooperation with federal immigration agencies. The law allows states to withhold grants from jurisdictions adopting such policies and provide citizens with the right to file policies that challenge civil lawsuits they suspect are violated.

ACLU Suit June 2025

Anita Wadhwani contributed the report.