Tennessee's Felony Law for 'Sanctuary' Policies Ruled Unconstitutional

A state law that threatened local officials with felony charges for voting on immigration policies has been struck down.

Published on Feb. 26, 2026

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A Tennessee law that threatened local officials with felony charges and possible imprisonment if they voted for so-called "sanctuary policies" on immigration has been ruled unconstitutional after the state declined to defend it in court. The law, which was part of a broader immigration bill passed by the GOP-led legislature and governor, was challenged by seven Nashville-Davidson County metro councilmembers.

Why it matters

The ruling affirms that local elected officials cannot be prosecuted for how they vote, even on controversial issues like immigration enforcement. It overturns a law that aimed to punish local governments for adopting policies that impede federal immigration efforts.

The details

On Wednesday, Nashville Chancellor Russell Perkins signed an agreed order between the Tennessee attorney general's office and the seven Nashville-Davidson County metro councilmembers who filed the lawsuit. The attorney general's office had previously made clear it would not defend the provision, with the current AG saying the Constitution provides "absolute immunity for all legislative votes." The law had threatened a Class E felony, punishable by up to six years in prison, against any local elected official voting for or adopting a so-called sanctuary policy.

  • The law was passed by the GOP-led Tennessee legislature and governor in 2022.
  • The lawsuit was filed by seven Nashville-Davidson County metro councilmembers.
  • The court order striking down the law was signed on February 26, 2026.

The players

Russell Perkins

The Nashville Chancellor who signed the order ruling the Tennessee law unconstitutional.

Jonathan Skrmetti

The Tennessee Attorney General who declined to defend the law in court, stating the Constitution provides "absolute immunity for all legislative votes."

Clay Capp

A Nashville-Davidson County metro councilmember and plaintiff in the lawsuit challenging the law.

Bill Lee

The Republican Governor of Tennessee who signed the broader immigration bill containing the felony provision.

William Lamberth

The Republican Majority Leader in the Tennessee House who defended the felony penalty, calling it "the easiest felony in the world to avoid."

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What they’re saying

“This settlement affirms a basic American principle: the government cannot prosecute you for how you vote.”

— Clay Capp, Nashville-Davidson County Metro Councilmember (News Release)

“Tennessee tried to gag local officials with threats of prison time, but the Constitution doesn't allow that.”

— Clay Capp, Nashville-Davidson County Metro Councilmember (News Release)

“The Constitution has 'absolute immunity for all legislative votes, whether at the federal, state, or local levels”

— Jonathan Skrmetti, Tennessee Attorney General (wral.com)

What’s next

The ruling ensures that Tennessee elected officials can now represent their constituents on immigration issues without fear of criminal penalties.

The takeaway

This court decision upholds the fundamental democratic principle that elected officials should not face prosecution for their legislative votes, even on contentious topics like immigration policy. It marks a victory for local government autonomy and free speech rights in Tennessee.