A Tennessee law that made it a felony for local officials to vote for so-called sanctuary policies has been struck down as unconstitutional, after the state declined to defend the legislation in court.
Nashville Chancellor Russell Perkins signed an agreed order between the attorney general's office and seven council members from Nashville-Davidson County, who brought the challenge. Attorney General Jonathan Skrmetti, a Republican, had previously said the Constitution affords 'absolute immunity for all legislative votes.'
Council member Clay Capp welcomed the outcome, saying it ensured elected officials could represent constituents 'without looking over their shoulder at criminal penalties.' He added that the government cannot prosecute someone for how they vote.
The measure was part of a wider immigration enforcement bill approved by the Republican supermajority and Governor Bill Lee. It threatened a Class E felony, punishable by up to six years in prison, for any local official voting to adopt sanctuary policies, including restrictions that impede federal immigration detention efforts.
Republican lawmakers ignored warnings from legislative counsel that the penalty was likely unconstitutional. House Majority Leader William Lamberth had defended it as 'the easiest felony in the world to avoid.'
Sanctuary cities have been illegal in Tennessee since 2019, with non-compliant governments facing loss of state economic development funding.
