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

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

Published on Feb. 27, 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, passed by the GOP-led legislature and governor, was intended to aid the Trump administration's immigration enforcement efforts but was challenged by seven Nashville-Davidson County metro councilmembers.

Why it matters

This ruling affirms the constitutional right of elected officials to represent their constituents without fear of criminal penalties for their legislative votes, even on controversial issues like immigration. It also highlights the ongoing legal battles between state and local governments over immigration enforcement policies.

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 challenged the law in court. The attorney general's office had previously made clear it would not defend the provision, with Attorney General Jonathan Skrmetti stating 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 'sanctuary policy' as defined in state law.

  • The law was passed by the GOP-led Tennessee legislature and Republican Gov. Bill Lee in 2025.
  • The lawsuit challenging the law was filed by seven Nashville-Davidson County metro councilmembers.
  • On February 26, 2026, the law was ruled unconstitutional in an agreed order signed by Nashville Chancellor Russell Perkins.

The players

Tennessee Attorney General Jonathan Skrmetti

The Republican attorney general who declined to defend the state's law threatening local officials with felony charges for voting on 'sanctuary policies,' stating the Constitution provides 'absolute immunity for all legislative votes.'

Nashville Chancellor Russell Perkins

The judge who signed the agreed order ruling Tennessee's law unconstitutional.

Clay Capp

A Nashville-Davidson County metro councilmember and plaintiff in the lawsuit challenging the law, who said the ruling 'affirms a basic American principle: the government cannot prosecute you for how you vote.'

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What they’re saying

“This settlement affirms a basic American principle: the government cannot prosecute you for how you vote. 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' even though it is illegal for Tennessee cities and counties to enact sanctuary laws.”

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

What’s next

The ruling ensures that Tennessee elected officials can represent their constituents without fear of criminal penalties for their legislative votes on immigration policies.

The takeaway

This case highlights the ongoing legal battles between state and local governments over immigration enforcement, and reaffirms the constitutional protections for elected officials to vote on policies without the threat of prosecution, even on controversial issues.