New law violates First Amendment, creates unprecedented state overreach into local governance.

SUMMARY

On June 24, 2025, the ACLU of Tennessee filed a lawsuit challenging Public Chapter No. 1, formerly SB 6002/HB 6001, an anti-immigrant law passed during the 2025 state legislative session that criminalizes and restricts local elected officials’ speech protected by the First Amendment to the United States Constitution and Art. I, §19 of the Tennessee Constitution. 

The lawsuit was filed on behalf of 7 members of the Nashville Metropolitan Council, including members of the Council’s Immigrant Caucus, who could face felony charges simply for voting in support of local policies that reduce cooperation with federal immigration enforcement — measures often intended to protect and support immigrant communities. The law targets locally elected officials, violating their First Amendment rights and undermining their ability to represent the people who democratically elected them to office. 

WHAT'S AT STAKE

Under the Act’s terms, a “sanctuary policy” could be any “directive, order, ordinance, resolution, practice, or policy, whether formally enacted, informally adopted, or otherwise effectuated” that, among other things, limits local governmental entities from communicating or cooperating with federal agencies to verify or report the immigration status of 'any alien.’” In enacting this law, Tennessee went above and beyond every other state in the nation by imposing felony criminal liability for local officials, including the possibility of 1 to 6 years of imprisonment for voting in favor of this broad, vaguely defined category of policies. 

This law strips communities of their right to govern themselves and address local priorities. Democratically elected leaders should have the freedom to pursue policies that reflect the needs and values of the people they represent. 

To read the full press release, click here.

Attorney(s)

Herzfeld, Suetholz, Gastel, Leniski and Wall PLLC: Jeff Preptit, Ben Gastel | ACLU-TN: Stella Yarbrough

Date filed

June 24, 2025

Court

Chancery Court for Davidson County

Judge

TBD

Status

Active

Case number

TBD