Civil rights lawyers ask judge to reopen challenge to law making illegal immigration a state crime 

The ACLU and National Immigration Law Center are asking a federal judge to reopen a case that challenges the constitutionality of new Tennessee law making illegal immigration a state crime.

U.S. District Judge Eli Richardson dismissed the class action lawsuit last month without ruling on its merits in a decision unprompted by any motion to dismiss the case by state attorneys defending the law. 

Richardson ruled two initial plaintiffs in the lawsuit — immigrants without legal permanent status who have lived in Tennessee for decades — lacked standing to file suit because they would not be subject to arrest under the new state law. Richardson called the case “more attorney-driven rather than client-driven.”

Judge: Plaintiffs lack standing in case challenging law making illegal immigration state crime

On Monday, civil rights lawyers petitioned Richardson to set aside his dismissal of the case, providing additional details about the immigration status of the two plaintiffs — pseudonymously referred to as “Lucy” and “Benjamin” in legal filings — to demonstrate they are, in fact, at risk for arrest and prosecution under the plain language of the law: both individuals have valid and outstanding orders for removal by immigration judges, they wrote.

“Setting aside the judgement is warranted to prevent manifest injustice,” the lawyers wrote, noting the alternative was a lengthy appeals process. They have asked Richardson for an expedited decision to reopen the case.

Originally filed June 4, the lawsuit sought to block Tennessee’s new law before it took effect July 1.

The legislation creates a Class A misdemeanor for immigrants to remain in Tennessee more than 90 days after being issued a final deportation order by an immigration judge. 

A misdemeanor carries a sentence of up to one year in jail and a maximum $2,500 fine. 

Lawsuit seeks to halt Tennessee law making illegal immigration a state crime

The consequences for those arrested, however, could extend beyond Tennessee’s criminal justice system.

Local jails are required to cooperate with immigration authorities under a separate Tennessee law, routinely resulting in transfers of individuals to federal immigration custody. Scores of local law enforcement agencies across the state have opted into even closer working partnerships with ICE. 

Hundreds if not thousands of noncitizens in Tennessee are currently subject to arrest, detention and prosecution under the legislation, lawyers wrote in court filings seeking class action status in the case before it was dismissed.

The lawyers argued the legislation is an unconstitutional usurpation of immigration enforcement powers reserved for the federal government. 

Richardson, appointed by President Donald Trump in 2018, issued a brief order in response to the motion to reopen the case Thursday.

The judge ordered attorneys to explain why they waited two weeks after he dismissed the case to request an expedited reopening. Noting he had dismissed the case “without prejudice,” Richardson also demanded an explanation of why the attorneys did not opt to file a new case instead.