Tennessee HB 1704 / SB 1779 (Public Chapter 771): state crime for remaining after a final removal order

Status: In effect now — Lucy v. Skrmetti (Tenn. Public Chapter 771 (HB 1704 / SB 1779); Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.) (first suit: No. 3:26-cv-00763, dismissed June 26, 2026; appeal pending, 6th Cir. No. 26-5660, consolidated Oct. 7, 2026 with No. 26-5832 for appellee briefing and submission))

Section 1 of HB 1704 (Public Chapter 771) is in effect as of July 1, 2026 — no court order blocks it. On September 16, 2026, Judge Eli Richardson denied the plaintiffs' motion for a preliminary injunction in Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.), finding that neither named plaintiff had shown standing — an injury-in-fact — for purposes of a preliminary injunction. The court did not decide whether the law is preempted by federal immigration law, deferred its decision on class certification, and said its ruling does not address whether the complaint's allegations are enough to survive dismissal. The defendants' motion to dismiss, filed August 21, 2026 (docket entry 41), is still pending. This is the second suit: the first challenge, No. 3:26-cv-00763, was dismissed without prejudice on June 26, 2026 for lack of Article III standing, and the plaintiffs filed the new class-action complaint on July 17, 2026. On July 20, 2026 Judge Richardson denied their motions to set aside the judgment and for reconsideration in the first case as moot, “in light of Plaintiffs filing a new action challenging Section 1 of H.B. 1704”. On July 24, 2026 the plaintiffs filed a notice of appeal in the first case; that appeal (Sixth Circuit No. 26-5660) is pending, and the plaintiffs filed their opening brief on September 11, 2026. Two earlier entries in the new case — a motion to stay filed July 31, 2026 and an order on it August 11, 2026 (docket entries 16 and 25) — appear on the free docket by document type only, so the movant and the disposition are unconfirmed.

Next step: Two fronts remain: in No. 3:26-cv-00998, the defendants' motion to dismiss (docket entry 41, filed August 21, 2026) and the deferred class-certification motion; and the Sixth Circuit appeal of the first case (No. 26-5660), where the plaintiffs filed their opening brief on September 11, 2026. On October 7, 2026 the Sixth Circuit consolidated that appeal with a second appeal in the same litigation, No. 26-5832, for appellee briefing and submission, and set a new schedule: an appellant brief due October 23, 2026 and the appellee brief due November 13, 2026, with no extensions of time. The free record does not yet show which district-court order No. 26-5832 appeals. The September 16, 2026 ruling on the preliminary injunction turned on standing only, so whether the law is preempted by federal immigration law remains undecided. The new case was reassigned to Judge Eli Richardson on July 22, 2026 as related to the first suit, and an order referring it to a magistrate judge was entered August 31, 2026.

Last editorial review: 2026-10-07 — status can change with a single court ruling. Official source.

What’s happening

Section 1 of HB 1704 (Public Chapter 771) is in effect as of July 1, 2026 — no court order blocks it. On September 16, 2026, Judge Eli Richardson denied the plaintiffs’ motion for a preliminary injunction in Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.), finding that neither named plaintiff had shown standing — an injury-in-fact — for purposes of a preliminary injunction. The court did not decide whether the law is preempted by federal immigration law, deferred its decision on class certification, and said its ruling does not address whether the complaint’s allegations are enough to survive dismissal. The defendants’ motion to dismiss, filed August 21, 2026 (docket entry 41), is still pending. This is the second suit: the first challenge, No. 3:26-cv-00763, was dismissed without prejudice on June 26, 2026 for lack of Article III standing, and the plaintiffs filed the new class-action complaint on July 17, 2026. On July 20, 2026 Judge Richardson denied their motions to set aside the judgment and for reconsideration in the first case as moot, “in light of Plaintiffs filing a new action challenging Section 1 of H.B. 1704”. On July 24, 2026 the plaintiffs filed a notice of appeal in the first case; that appeal (Sixth Circuit No. 26-5660) is pending, and the plaintiffs filed their opening brief on September 11, 2026. Two earlier entries in the new case — a motion to stay filed July 31, 2026 and an order on it August 11, 2026 (docket entries 16 and 25) — appear on the free docket by document type only, so the movant and the disposition are unconfirmed.

Who it affects

Section 1 of Tennessee’s HB 1704 (Public Chapter 771) creates a new state crime — a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. It applies only to a person 18 or older who (1) is a noncitizen against whom a valid final order of removal is outstanding by reason of being a member of one of the deportability classes listed in 8 U.S.C. § 1227(a), and (2) intentionally fails or refuses to leave Tennessee within 90 days of that final removal order. It does not reach every noncitizen who has a removal order — it is limited to people removable under the § 1227(a) deportability grounds. The statute directs the court to stay the criminal case while the person is still pursuing available federal avenues to challenge the removal order. This is Tennessee state criminal law; federal immigration enforcement is separate. A second offense in the same act (Section 2, illegal re-entry into the state) does not take effect unless and until federal law changes, and is not addressed by this litigation.

How it got here

  1. Apr 6, 2026 The Tennessee General Assembly passed HB 1704 (substituted for SB 1779).
  2. Apr 21, 2026 Governor Bill Lee signed HB 1704 into law as Public Chapter 771.
  3. Jun 4, 2026 The ACLU, ACLU of Tennessee, and the National Immigration Law Center filed Lucy v. Skrmetti in the Middle District of Tennessee, challenging Section 1 as preempted by federal law, and moved for a preliminary injunction and class certification.
  4. Jun 26, 2026 The district court denied the preliminary injunction, denied class certification as moot, and dismissed the suit without prejudice for lack of subject-matter jurisdiction, finding the named plaintiffs had not established Article III standing.
  5. Jul 1, 2026 Section 1 of HB 1704 took effect — no court order blocks it.
  6. Jul 17, 2026 The plaintiffs file a new class-action complaint challenging Section 1 of H.B. 1704 in the Middle District of Tennessee. It is entered on the docket July 20, 2026 as Lucy v. Skrmetti, No. 3:26-cv-00998.
  7. Jul 20, 2026 In the new case the plaintiffs move for a preliminary injunction and for class certification. The same day, in the closed first case, Judge Eli Richardson denies their motions to set aside the judgment and for reconsideration as moot, “in light of Plaintiffs filing a new action challenging Section 1 of H.B. 1704”.
  8. Jul 22, 2026 The new case is reassigned to Judge Eli Richardson as a case related to the first suit, No. 3:26-cv-00763.
  9. Jul 24, 2026 The plaintiffs file a notice of appeal in the first case (No. 3:26-cv-00763) to the Sixth Circuit, docketed as No. 26-5660.
  10. Jul 31, 2026 A motion to stay is filed in the new case (docket entry 16). CourtListener's free docket shows the document type only, so who filed it and what it asks to stay are unconfirmed.
  11. Aug 11, 2026 The court enters an order on the motion to stay (docket entry 25). The order's text is not in the free record, so how it was decided is unconfirmed.
  12. Aug 21, 2026 The defendants file a motion to dismiss (docket entry 41). The court's September 16, 2026 opinion confirms the defendants are the movant and that the motion remains pending.
  13. Aug 31, 2026 The court enters an order referring the new case to a magistrate judge.
  14. Sep 11, 2026 The plaintiffs file their opening brief in the Sixth Circuit appeal (No. 26-5660).
  15. Sep 16, 2026 Judge Richardson denies the preliminary injunction in No. 3:26-cv-00998, finding neither named plaintiff showed standing for a preliminary injunction; class certification is deferred and the pseudonym motion granted. Section 1 stays in effect.
  16. Oct 7, 2026 The Sixth Circuit consolidates No. 26-5660 with a second appeal, No. 26-5832, for appellee briefing and submission; briefing letter sets an appellant brief due October 23, 2026 and the appellee brief due November 13, 2026, no extensions.

What to watch next

Two fronts remain: in No. 3:26-cv-00998, the defendants’ motion to dismiss (docket entry 41, filed August 21, 2026) and the deferred class-certification motion; and the Sixth Circuit appeal of the first case (No. 26-5660), where the plaintiffs filed their opening brief on September 11, 2026. On October 7, 2026 the Sixth Circuit consolidated that appeal with a second appeal in the same litigation, No. 26-5832, for appellee briefing and submission, and set a new schedule: an appellant brief due October 23, 2026 and the appellee brief due November 13, 2026, with no extensions of time. The free record does not yet show which district-court order No. 26-5832 appeals. The September 16, 2026 ruling on the preliminary injunction turned on standing only, so whether the law is preempted by federal immigration law remains undecided. The new case was reassigned to Judge Eli Richardson on July 22, 2026 as related to the first suit, and an order referring it to a magistrate judge was entered August 31, 2026.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.