In Southeastern Synod of the Evangelical Lutheran Church in America v. Finney, (MD TN March 31, 2026), a Tennessee federal district court refused to issue a preliminary injunction against prosecution under Tennessee's law against "human smuggling." The law prohibits transporting with intent to conceal, harboring, concealing or shielding from detection a person illegally in the United States if done for commercial advantage or private financial gain.
Plaintiffs are churches that provide housing and various services to undocumented immigrants and receive donations to support these activities. Other plaintiffs are individuals who rent housing to undocumented immigrants. The state contended that the Tennessee statute does not apply to the activities of these plaintiffs. While the court expressed doubt over that interpretation of the statute, it nevertheless refused to issue an injunction, saying in part:
Defendants argue Plaintiffs have not shown a likelihood of irreparable harm because there is no evidence that any Tennessee official agrees with Plaintiffs’ interpretation of the law and plans to use it against them. Defendants contend that Plaintiffs’ fear that they might be prosecuted under the law is insufficient to show an immediate threat of irreparable harm that warrants a preliminary injunction....
Notwithstanding the challenges in discerning the specific conduct proscribed by the statute, given Defendants’ insistence that Plaintiffs’ conduct is not unlawful and does not subject them to risk of prosecution, Plaintiffs have not shown an immediate non-speculative, non-theoretical threat of prosecution....
