Immigration - As enacted, creates the Class A misdemeanor of intentionally failing or refusing to depart when a final order of removal is outstanding; creates the Class A misdemeanor of intentionally entering, attempting to enter, or being found in this state after being denied admission, excluded, deported, or removed from the United States. - Amends TCA Title 4; Title 7; Title 38; Title 39; Title 40 and Title 41.

HB 1704 would create two Class A misdemeanors in Tennessee: (1) intentionally failing to leave the state within 90 days after a final federal removal order, and (2) intentionally re-entering the state after being denied admission, excluded, deported, or removed by federal authorities. It directly affects undocumented immigrants subject to federal removal orders or denied entry, making certain immigration status violations criminal offenses. The bill requires courts to pause criminal proceedings until individuals exhaust all federal legal options to challenge the removal order. The law’s key provisions are conditional, with Section 2 (re-entry offense) only taking effect after specific federal court decisions or legislative changes affecting state immigration authority.