A legal battle is heating up in Tennessee as activists rush to block a new state law that could make it a crime for landlords to rent apartments or homes to illegal migrants, arguing it will create fear, confusion, and community instability.
The law, which took effect Tuesday, criminalizes harboring, transporting, or sheltering illegal migrants under new language added to Tennessee’s criminal code while expanding human trafficking statutes. Senate Bill 392 creates a new crime of human smuggling, classified as a Class E felony with potential prison sentences of one to six years.
The law allows prosecution for transporting someone known to be in the country illegally with the intent to hide them from law enforcement, or shielding a known illegal migrant from detection. Critics claim this will lead landlords to refuse rentals to migrants, while churches and community groups fear prosecution for providing aid.
Republican Sen. Brent Taylor, who sponsored the bill, insists the law is aimed at human smugglers profiting from illegal migration, not landlords or churches. “We weren’t looking to penalize families traveling, we were looking to try to get people who were actually smuggling people into the country and into the state for personal financial gain or commercial advantage,” Taylor said, emphasizing that hiding illegal migrants exacerbates illegal immigration and leaves migrants vulnerable to exploitation.
Taylor added that the law is meant to target “coyotes” who smuggle people for profit, not faith groups or families providing help. “They’re exacerbating the problem of transporting illegal aliens into Tennessee, but they’re also taking advantage of those illegal aliens,” he said.
However, Democrats in the state legislature voted unanimously against the bill, arguing it is too vague and could lead to overreach by local authorities. “It’s up to an interpretation of local municipalities that could just go in and you know, start picking people up,” Democrat Rep. Bob Freeman warned.
Activists and church organizations are suing to block the law, claiming it violates First Amendment protections. Bill Powell, an attorney representing a church coalition challenging the law, warned that it creates an “atmosphere of fear” and destabilizes communities by forcing landlords and churches to fear legal repercussions if they provide housing or aid to migrants.
Reports claim landlords are already refusing to rent to migrants with questionable documentation, fearing prosecution under the law.
Taylor said he remains open to amending the bill if courts provide guidance but defended its purpose, stating the law is designed to crack down on human smuggling networks while protecting migrants from abuse.
The case, now heading into court, could set a precedent for how red states approach housing, immigration enforcement, and the rights of churches and community organizations amid record migration challenges across the United States.
