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))

Section 1 of HB 1704 (Public Chapter 771) is in effect as of July 1, 2026 — no court order blocks it. The first challenge, Lucy v. Skrmetti, No. 3:26-cv-00763 (M.D. Tenn.), was dismissed without prejudice on June 26, 2026 for lack of Article III standing. The plaintiffs then filed a new class-action complaint challenging Section 1 of H.B. 1704 on July 17, 2026, docketed as Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.); no notice of appeal appears on the first case's docket. On July 20, 2026 Judge Eli Richardson denied the plaintiffs' motions to set aside the judgment and for reconsideration in the closed first case as moot, “in light of Plaintiffs filing a new action challenging Section 1 of H.B. 1704”. In the new case the plaintiffs have moved for a preliminary injunction and for class certification, both filed July 20, 2026; the court had not ruled on either as of September 1, 2026, so Section 1 stays enforceable in the meantime. The docket since then shows a motion to stay filed July 31, 2026, an order on that motion August 11, 2026, and a motion to dismiss filed August 21, 2026 (docket entries 16, 25 and 41); CourtListener publishes the document type for those entries but not their text, so the movant and the dispositions are unconfirmed.

Next step: Two undecided motions in the new case, Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.): the plaintiffs' preliminary-injunction motion, filed July 20, 2026, and a motion to dismiss filed August 21, 2026 (docket entry 41). Neither had been ruled on as of September 1, 2026, and CourtListener publishes the document type but not the text of that dismissal motion, so its movant and grounds are unconfirmed. The 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: 2026-09-01 — 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. The first challenge, Lucy v. Skrmetti, No. 3:26-cv-00763 (M.D. Tenn.), was dismissed without prejudice on June 26, 2026 for lack of Article III standing. The plaintiffs then filed a new class-action complaint challenging Section 1 of H.B. 1704 on July 17, 2026, docketed as Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.); no notice of appeal appears on the first case’s docket. On July 20, 2026 Judge Eli Richardson denied the plaintiffs’ motions to set aside the judgment and for reconsideration in the closed first case as moot, “in light of Plaintiffs filing a new action challenging Section 1 of H.B. 1704”. In the new case the plaintiffs have moved for a preliminary injunction and for class certification, both filed July 20, 2026; the court had not ruled on either as of September 1, 2026, so Section 1 stays enforceable in the meantime. The docket since then shows a motion to stay filed July 31, 2026, an order on that motion August 11, 2026, and a motion to dismiss filed August 21, 2026 (docket entries 16, 25 and 41); CourtListener publishes the document type for those entries but not their text, so the movant and the dispositions 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 Rather than appeal, 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 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.
  10. 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.
  11. Aug 21, 2026 A motion to dismiss is filed (docket entry 41). Again the free docket carries the document type only — the movant and the grounds are unconfirmed, and no ruling on it appears.
  12. Aug 31, 2026 The court enters an order referring the new case to a magistrate judge. The preliminary-injunction motion is still undecided and Section 1 stays enforceable.

What to watch next

Two undecided motions in the new case, Lucy v. Skrmetti, No. 3:26-cv-00998 (M.D. Tenn.): the plaintiffs’ preliminary-injunction motion, filed July 20, 2026, and a motion to dismiss filed August 21, 2026 (docket entry 41). Neither had been ruled on as of September 1, 2026, and CourtListener publishes the document type but not the text of that dismissal motion, so its movant and grounds are unconfirmed. The 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.