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Tennessee’s Felony Law when Local Officials Vote for ‘Sanctuary’ Policies Is Ruled Unconstitutional

A court order prevents felony charges and removal of local officials for sanctuary policy votes, upholding constitutional protections for legislative voting rights in Tennessee.

  • Nashville Chancellor Russell Perkins signed an agreed order on Wednesday that blocks enforcement of two felony provisions in a 2025 Tennessee law, leaving sanctuary policies illegal but protected from prosecutions.
  • The law, passed in the 2025 legislative session, criminalizes sanctuary policy votes despite warnings, and the 2025 session retained this penalty amid GOP supermajority support.
  • Attorney General Jonathan Skrmetti conceded his office could not defend the provisions imposing a Class E felony punishable by up to six years in prison and removal proceedings for local officials, reaffirming this in the Feb. 25 filing.
  • The agreed order bars District Attorney Glenn Funk and successors from prosecuting, and Skrmetti and successors from pursuing removals, protecting officials voting for sanctuary policies, as Capp called it a "historic victory for free speech."
  • The ACLU of Tennessee noted this is the first known instance of the viewpoint-based felony claim, while critics and advocates said Tennessee 'tried to gag local officials' despite Attorney General Jonathan Skrmetti's assertion of 'absolute immunity' for legislative votes.
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Tennessee's felony law when local officials vote for 'sanctuary' policies is ruled unconstitutional

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.

·United States
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A Tennessee law that threatens local officials with felony charges and possible prison time in case of voting for so-called “sanctuary policies” was declared unconstitutional after the state refused to defend her in court.

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Knox News broke the news in Nashville, United States on Thursday, February 26, 2026.
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