A pair of proposed bills in Tennessee have sparked controversy, particularly among faith leaders, as they target charitable organizations that assist immigrants. These bills, introduced by Republican lawmakers, could not only penalize these organizations but even lead to the arrest of their employees—an issue that religious leaders argue infringes on their fundamental rights.

The Bills at a Glance

House Bill 322 and Senate Bill 392 seek to establish a new “human smuggling” crime. Under these measures, anyone who transports, encourages, or induces 10 or more undocumented adults to enter or remain in Tennessee through “concealing, harboring, or shielding” them could face legal consequences. The punishment? Potential dissolution of the organization by the Tennessee Attorney General, and for individuals involved—church staff, nonprofit workers, and even private business employees—a Class E felony. That means up to six years in prison and a $3,000 fine.

Another set of proposals, House Bill 811 and Senate Bill 227, takes aim at charities providing housing assistance. If a nonprofit helps someone without permanent legal status find housing, and that person later commits a crime, the organization could be sued.

Faith Leaders Speak Out

Tennessee churches and nonprofit leaders worry these bills would directly impact their mission to serve all people, regardless of immigration status. The Rev. Eric Mayle of Edgehill United Methodist Church in Nashville voiced his concern, saying, “I’m deeply concerned about how broad these bills are, and my fear is that any church that is seeking to help any immigrant could be penalized in some way.”

He added that these measures could prevent religious organizations from carrying out their fundamental calling to care for the vulnerable. “That prevents us from exercising our religious freedom to care for the stranger in our midst—whom we are commanded by Christ to care for.”

The Lawmakers’ Perspective

Sen. Brent Taylor, a Republican from Memphis, claims the bills are intended to hold non-governmental organizations accountable for aiding undocumented immigrants. Taylor, the primary sponsor of the bill targeting housing services and a co-sponsor of the human smuggling legislation, insists the goal is not to interfere with faith-based groups that provide temporary aid, such as shelter or language programs.

In defending the measures, Taylor made a religious comparison, stating, “Even heaven has an immigration policy. You can’t climb over the wall in heaven. You can’t slick talk St. Peter into the gates of heaven. There’s a very specific way you come into heaven.”

His comments have drawn criticism, with opponents arguing that comparing U.S. immigration laws to spiritual salvation is misleading and inappropriate. Critics also point out that the language in the bills is alarmingly broad, leaving room for severe unintended consequences.

What This Means for Tennessee Charities

With more than three dozen immigration-related bills under consideration in Tennessee this year, these proposals are part of a larger push to restrict immigrants’ access to public services, including K-12 education. Governor Bill Lee recently signed a sweeping measure to expand state involvement in immigration enforcement, including creating a new enforcement office and incentivizing local law enforcement to participate in immigration duties.

For faith-based and nonprofit organizations, the stakes are high. The human smuggling bill, in particular, could criminalize a broad range of activities. Lisa Sherman Luna, executive director of the Tennessee Coalition for Immigrant and Refugee Rights, warns that the felony offense could apply to something as simple as driving construction site workers to a job or providing bus passes to families in need.

“By providing people food, maybe you’re encouraging them to stay? The point is they don’t define ‘encourages,’” Luna pointed out. The vague wording could make everyday acts of service illegal, including legal aid, food distribution, and community education efforts.

The Pushback Continues

Pastor Kevin Riggs of Franklin Community Church worries about how these measures will impact his congregation. His church, like many others, helps low-income individuals find housing, often with funding from the federal Department of Housing and Urban Development (HUD). The proposed state legislation, however, could directly contradict HUD guidelines, creating a legal and ethical dilemma for faith-based organizations.

“It’s putting us in a bind,” Riggs explained. “You’ve got the state telling you one thing and the federal government telling you another.”

Regardless of the outcome, Riggs remains steadfast. “The state cannot tell me how to operate my church. If there’s a person in front of us who has a need, we’re going to meet the need. That’s part of our mission, and for the state to tell us we cannot is a violation of our First Amendment rights.”

A Larger National Battle

Tennessee isn’t alone in this fight. Across the country, faith-based organizations and nonprofits are facing increasing scrutiny from Republican-led initiatives seeking to crack down on immigration. Recently, congressional Republicans called for an investigation into government funding for immigrant-serving nonprofits, accusing them—without evidence—of enabling illegal immigration.

Similarly, in Texas, Catholic Charities Rio Grande Valley and Annunciation House have been targeted by the state’s Attorney General, who claims they are facilitating illegal immigration. These organizations argue such efforts violate their constitutional rights to free speech, association, and religion.

Kristen Etter, director of policy and services at the Texas Immigration Law Council, sees a clear pattern: “They want to criminalize all organizations that work with immigrants.”

The proposed Tennessee laws could have a ripple effect across various legal sectors, including personal injury law. If these bills pass, they could create legal battles over liability, wrongful accusations, and even civil rights violations. For individuals facing unjust criminal charges or organizations navigating legal complexities, a Dayton, TN Personal Injury Lawyer could provide crucial legal guidance and defense.