TN HB1704

Creates a Class A misdemeanor for aliens with a final federal removal order who intentionally fail to depart Tennessee within 90 days of that order

Establishes a Class A misdemeanor for previously deported or removed aliens who intentionally enter or attempt to enter Tennessee without proper federal authorization to return

Requires courts to stay criminal proceedings if the defendant has not exhausted all federal appeals challenging their removal or deportation order

Section 2 (illegal reentry provision) takes effect only if the U.S. Supreme Court overrules Arizona v. United States or Congress removes federal preemption of state immigration enforcement

All other sections take effect July 1, 2026