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

Status: Decided — Lucy v. Skrmetti (Tenn. Public Chapter 771 (HB 1704 / SB 1779); Lucy v. Skrmetti, No. 3:26-cv-00763 (M.D. Tenn.))

Section 1 of HB 1704 (Public Chapter 771) is in effect as of July 1, 2026 — no court order blocks it. On June 26, 2026, the U.S. District Court for the Middle District of Tennessee (Judge Eli Richardson) issued a memorandum opinion that denied the plaintiffs' motion for a preliminary injunction, denied their class-certification motion as moot, granted the motion to proceed under pseudonyms, and dismissed the lawsuit (Lucy v. Skrmetti) without prejudice for lack of subject-matter jurisdiction, holding that the two named plaintiffs had not established Article III standing for a pre-enforcement challenge. Because the dismissal was without prejudice, the plaintiffs may refile or appeal to the U.S. Court of Appeals for the Sixth Circuit.

Next step: Watch for a refiled challenge or a Sixth Circuit appeal — the June 26, 2026 dismissal was without prejudice.

Verified against the primary source as of 2026-07-25 — 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 June 26, 2026, the U.S. District Court for the Middle District of Tennessee (Judge Eli Richardson) issued a memorandum opinion that denied the plaintiffs’ motion for a preliminary injunction, denied their class-certification motion as moot, granted the motion to proceed under pseudonyms, and dismissed the lawsuit (Lucy v. Skrmetti) without prejudice for lack of subject-matter jurisdiction, holding that the two named plaintiffs had not established Article III standing for a pre-enforcement challenge. Because the dismissal was without prejudice, the plaintiffs may refile or appeal to the U.S. Court of Appeals for the Sixth Circuit.

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.

What to watch next

Section 1 of HB 1704 took effect July 1, 2026, with no court order blocking it. Watch for a refiled challenge or an appeal to the U.S. Court of Appeals for the Sixth Circuit, since the June 26 dismissal was without prejudice.

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.