Bill to hold charities liable for providing housing to certain immigrants heads to governor’s desk

A bill to hold churches and nonprofits liable if immigrants they aid go on to commit crimes is headed to Gov. Bill Lee for his signature.(Photo: John Partipilo/Tennessee Lookout)

A bill to hold churches and charitable organizations liable for providing housing aid to immigrants without legal status — who then go on to commit a crime — is now headed to the governor’s desk. 

The Tennessee Senate Wednesday voted 70-23 in favor of the legislation  (SB227/HB11) brought by Sen. Brent Taylor of Memphis and Rep. Rusty Grills of Newbern, both Republicans. 

The Republican majority in the House approved the measure earlier this month.

Tennessee Senate OKs bill to hold charities liable for aiding immigrants who later commit crime

A spokesperson for Gov. Bill Lee did not respond to a question sent Wednesday about whether he plans to sign the legislation into law. 

Grills called the measure a “public safety bill in keeping with the Trump Administration’s renewed focus on illegal immigration.”

“What we’re doing with this bill is anyone who is a victim of a crime committed by an illegal alien would have a private right of action against any NGO (non-governmental organization) that has assisted the illegal alien with housing in the community,” Grills said in presenting the bill on the Senate floor.

The legislation would open the door to civil lawsuits against charities that provide a variety of long-term housing assistance to individuals regardless of their immigration status, including assistance in signing leases or securing an apartment.

The bill exempts “temporary overnight housing such as that provided by a homeless shelter,” but includes no specific exemption for other short-term housing, such as domestic violence shelters, which can house victims and their children for months at a time. 

Bills that target immigrant-serving nonprofits raise criticism from faith community 

Charities would be subject to lawsuits if their “conduct in providing housing constitutes negligence, gross negligence, or willful and wanton misconduct.” The bill’s language does not include a definition of those terms in the context of providing physical housing, referrals for housing or assistance in signing apartment leases.

The measure has drawn pushback from Tennessee faith leaders as an infringement on their religious freedom to perform acts of charity to those in need. 

On the Senate floor earlier this month, the bill drew contentious debate, with Democrat Sen. Jeff Yarbro of Nashville criticizing the measure as holding charities responsible for “crimes committed by someone they helped” while Taylor — the bill’s sponsor — called it a “misguided mission” to serve immigrants without legal status. 

House Republicans quickly moved for a vote Wednesday, forestalling any floor debate, even as Democrats audibly protested the maneuver.