Tennessee's felony law when local officials vote for 'sanctuary' policies is ruled unconstitutional

Source: AP

Updated 8:02 PM EST, February 26, 2026


NASHVILLE, Tenn. (AP) — A Tennessee law that threatens local officials with felony charges and possible imprisonment if they vote for so-called “sanctuary policies” on immigration has been ruled unconstitutional after the state declined to defend it in court.

On Wednesday, Nashville Chancellor Russell Perkins signed an agreed order involving the Tennessee attorney general’s office, the local district attorney and the seven Nashville-Davidson County metro council members who are plaintiffs in a lawsuit challenging the policy.

For months, Attorney General Jonathan Skrmetti’s office has made it clear that it would not defend the provision. Skrmetti, a Republican, told reporters in September that 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.

Council member Clay Capp said in a news release that the case’s outcome ensures that Tennessee elected officials can represent their constituents “without looking over their shoulder at criminal penalties.”

Read more: https://apnews.com/article/tennessee-sanctuary-cities-felony-lawsuit-7f3edd32e6f004ec4ba614b37bcad635