The bill that criminalized embracing or hiding an individual without legal immigration status cleared the Tennessee House Subcommittee on Wednesday, criticizing the enemy as a dangerous precedent that could criminalize families of mixed immigrant families, criticizing nonprofits and faith-based organizations for being able to engage in charity.
bill(HB322/SB392) Rep. Chris Todd of Madison County and Sen. Brent Taylor of Memphis are both Republicans, who “port or hide” someone illegally present in the United States, fined $1,000, and committed Class A misdemeanors in prison for up to one year, each hidden, hugged or scavenged individual.
The proposed law also creates a new “human smuggling” felony charge that will be punished in prisons for up to six years, and fines $3,000 for those who “encourage or induce” individuals to “stay in this state in violation of federal law.”
If the individual encouraged or induced to stay in Tennessee is under the age of 13, the offence will rise to a Class A felony, punished in prison for up to 60 years and fined up to $50,000.
Legislation targeting non-immigrant non-profit organizations
Todd said the measure was necessary to create a distinction between the state’s existing human trafficking laws and the laws between “human smuggling” acts.
“Human smuggling involves crossing international borders and trafficking many casualties at once, and is managed by organized crime in the form of terrorist cartels and other forms of terrorist cartels,” he said. “For the past four years, a whole new illegal underground industry has been built in the United States over the past four years due to border policies and ramp-prolonged illegal immigration.”
However, democratic lawmakers and immigrants argued that the efforts were critical, warning that families living in the same household as immigrants without legal status, as well as existing services offered to immigrants living in Tennessee regardless of legal status.
“The bill sets a very dangerous precedent not only for families but for churches, nonprofits and other organizations that are simply trying to serve people in our community,” said Rep. Jason Powell, a Nashville Democrat.
The bill is one of more than 30 immigration-related measures introduced by Tennessee Republicans at this year’s legislative meeting.
By targeting faith-based organizations and nonprofits that serve those in need, Tennessee lawmakers are not only retreating us, but also actively destabilizing our community throughout our state.
– Lisa Sherman Luna, Tennessee Immigration and Refugee Rights Union
Several measures attracted a large, vocal crowd of protesters, including a bill that will be heard by the House Banking Committee on Wednesday. The bill also seeks to charge public school tuition fees for children who cannot provide legal evidence of residence.
Protesters reciting repeated pledges of loyalty were forced to close and reunite in a separate room whose committee restricts public entry. Consideration of the bill (HB145/SB268) was eventually shelved for a future hearing.
Inside the hearing, to consider the human smuggling bill, Nashville resident Ashley Warvington testified that she feared that her husband could be charged with a crime because she lacked legal immigration status.
“Will this bill criminalize me by living with him?” she said. “If they refuse to open the door to agents (immigration and custom enforcement) that try to separate us, will Tennessee charge me to protect my family?
Chattanooga’s Justin Wilkins and daughter Amy are in a position to recite the pledge of loyalty as part of the anti-immigration bill protest during a meeting of the House Banking and Consumer Affairs Committee. (Photo: John Partipilo/Tennessee Lookout)
In a statement released after the hearing, the Tennessee Immigrants and Refugee Rights Coalition has called “another reckless attempt to criminalize immigrant families, but the outcome is far beyond individuals.”
“Tennessee lawmakers are not only retreating us across the state by targeting faith-based organizations and nonprofits that serve those in need, but are actively destabilizing,” read Executive Director Lisa Sherman Luna’s statement.
The bill also forces The Tenysee’s Attorney General to take action against an organization that has “committed or is about to commit” including issuing a restraining order, revoking its ability to run a business in Tennessee, or disbanding it entirely.
Crime bills are defined as including human trafficking. Promotes unwilling labor, prostitution, forced labor or trafficking people of services. Amendments to the bill removed organizations that were found to have committed “human smuggling” crimes, including hiding and hiding immigrants without legal status.
The bill, approved by a 7-2 party line vote at the House Criminal Justice Subcommittee on Tuesday, is expected to be heard in the House Judiciary Committee next week. There have been no hearings yet in the Tennessee Senate Committee.
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