(The Center Square) – Tennessee is facing a legal challenge over a bill that would penalize local lawmakers who support sanctuary cities.
The American Civil Liberties Union is representing seven members of the Metropolitan Nashville Council in the tussle over a portion of Senate Bill 6002 in the suit.
The bill passed by lawmakers during a special session includes the provision that would make supporting sanctuary cities a Class E felony, which has a prison sentence of one to six years and a fine of up to $3,000.
“This law is an extreme, unconstitutional attack on the legislative process and democracy as a whole,” said Stella Yarbrough, ACLU-TN legal director.
Council member Zulfat Suara said in a release the law infringes on constitutional protections.
“As a public official and an immigrant, I cannot accept a law that makes compassion a crime,” Suara said. “Many immigrant families already live in fear – if they come after immigrants, who will they come for next?”
The council members are asking the court to rule that the law violated the First Amendment and say the law is unconstitutional. The lawsuit is not challenging another provision of the bill that established a state immigration law enforcement agency.
“This is the first known instance in American history where a state has imposed felony liability on local officials simply for the viewpoint expressed in their votes,” the lawsuit said. “In an alleged democracy, our legislative chambers have been reduced to crime scenes.”
Nashville has become a hotspot of controversy surrounding immigration policies. An operation by U.S. Immigrations and Customs Enforcement in May led to the arrest of 196 people, including some that had criminal records, according to the agency. Mayor Freddie O’Connell updated an executive order that requires city employees to report any interaction with ICE.
Republicans accused O’Connell of releasing the names of immigration agents.
Tennessee Senate Majority Leader Jack Johnson and House Speaker Cameron Sexton are introducing a bill that makes it a state crime for public officials to release the names of immigration officers.
Lawmakers will consider the bill when they return in January.
