A contentious bill introduced by Republican lawmakers in Tennessee aims to bar immigrants without permanent legal status from pursuing most lawsuits in state courts. The proposed legislation, SB791/HB1037, would restrict access to civil actions, including negligence claims, medical malpractice suits, product liability claims, and access to the state’s crime victims fund.
Legal experts warn that this measure directly conflicts with the 14th Amendment’s guarantee of equal protection under the law. Christopher Smith, a Nashville attorney, emphasized that the bill not only undermines constitutional principles but also strips individuals of the ability to challenge unconstitutional laws through declaratory judgments.
“This extreme measure effectively blocks their ability to contest the legislation designed to silence them,” Smith said. “It undermines fundamental constitutional principles by denying equal protection and access to justice, effectively creating a vulnerable underclass without legal recourse.”
Zachary Norris, a senior attorney with the Niskanen Center, noted that if successful, this bill would invite abuses by individuals and institutions, as they would know they cannot be held accountable for harming undocumented immigrants. This could lead to scenarios where manufacturers cut safety corners or individuals commit assaults without legal consequences.
Tennessee’s legislative actions are part of a broader trend among Republican-led states to mirror the Trump Administration’s immigration enforcement policies. However, this bill stands out as particularly restrictive, according to Norris.
The proposed legislation is not isolated; other bills in Tennessee aim to challenge established precedents, such as Plyler v. Doe, which guarantees public education for all children regardless of immigration status. These efforts highlight a willingness to push legally contentious policies, potentially leading to lengthy legal battles.
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