Conservatives Ask Gov. Lee To Veto Bill That Would Allow Non-US Citizens To Receive Professional Licenses

Image Credit: Office of the Governor, State of Tennessee

The Tennessee Conservative [By Jason Vaughn] –

Recently, the House and Senate voted to pass an amended caption bill that would pave the way for non-U.S. citizens to obtain professional and commercial licenses in the Volunteer state and it is now up to Governor Bill Lee to sign the legislation into law, veto it, or allow it to pass into law without his signature.

34 House Republicans voted in favor of House Bill 2309, while 15 Senate Republicans voted in favor of Senate Bill 2464.  

The sponsors and supporters of the legislation claim that the legislation applies to individuals that are “legally within the United States, and legally authorized to work.”

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However, opponents argue that many that would be granted permission to receive professional licenses under this legislation actually have illegal immigration status.  

The bill enables DACA (Deferred Action for Childhood Arrivals) grantees and individuals granted Temporary Protected Status (TPS) to get professional and commercial licenses. Both immigration categories allow recipients to stay in the U.S. with work authorization for a limited period of time with grantees being required to renew their DACA grant every two years.

DACA grants two years of “lawful presence” for purposes of deferred deportation because the individual’s immigration status remains illegal under the law.

In addition, opponents argue that the DACA program itself is unconstitutional because it was put into effect by the executive branch of the U.S. government under the Obama administration.  

Representative Jason Zachary (R-Knoxville-District 14 ) said that, “Article 1, Section A of the Constitution is clear about the enumerated power of naturalization and immigration.  That power lies with Congress.  It does not lie with the Executive branch. DACA was instituted by President Obama, therefore, it makes it unconstitutional, which would then make them here illegally.”

The Tennessee Eagle Forum has released talking points to “respectfully” urge that this legislation be vetoed.  Contacts and talking points can be found below.

From Tennessee Eagle Forum:

Call Governor Bill Lee’s office  – 615 741-2001

Send emails to these staff members:

Joseph Williams, Chief of Staff –  Joseph.Williams@tn.gov 

Christian Potucek, External Affairs Associate – Christian.Potucek@tn.gov 

Reasons to veto SB2464-HB2309 – granting commercial and professional licenses to immigrants who do not have legal immigration status:

• The bill, passed with bare majorities in both the Senate and House, upends Tennessee law on rewarding illegal immigrants with state and public benefits by completely removing commercial and professional licenses from
TCA 4-58-101, Tennessee’s “Eligibility Verification for Entitlements Act”.

• In 2017, Tennessee’s Attorney General opined that the 1996 federal Personal Responsibility and Work Opportunity Reconciliation Act which defers to states on state or local public benefits, was “based on Congress’ asserted interest in removing the incentive for illegal immigration provided by the availability of public benefits.”

• In addition to DACA grantees, the bill applies to individuals with Temporary Protected Status, immigrant  populations which do not have legal immigration status and only temporary work authorization.

• It is premature to award a state benefit to DACA grantees because the program is presently under federal review and, as noted by the Congressional Research Service, may be “reforumulat[ed]” including the possibility of removing work authorization from DACA grantees.

• This bill will provide a benefit to illegal aliens currently crossing the border. Secretary of Homeland Security Mayorkas is preparing to launch a program for working-age Unaccompanied Alien Children (UAC) currently crossing the border, the vast majority of whom are working-age males. The program issued in a March policy alert, dubbed by some as “DACA 2.0”, will provide UACs with deferred deportation and work authorization.

• This bill enables individuals without legal immigration status to obtain a license to practice law in Tennessee.

• Tennessee’s state government should not validate the illegal and unconstitutional federal DACA program. In July 2021, the U.S. Fifth Circuit Court of Appeals held that the DACA program was “illegal” and conflicts with the provisions of federal immigration law, the Immigration & Naturalization Act. Many of the DACA “kids” were not brought to the U.S. as young children; they entered on their own or were smuggled into the U.S. as older teenagers.

• The bill does not limit renewal of commercial and professional licenses or condition the licenses on continued valid work authorization. According to the Dept. of Justice, DACA grantees are not required to tell employers that their work authorization is temporary and employers are not allowed to ask about immigration status.

• The bill sets a precedent for awarding state benefits such as in-state tuition to immigrants who have work authorization but no legal immigration status, communicating a disregard for legal immigrants who followed the law.

About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative  ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career.  Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others.  He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History.  Contact Jason at news@TennesseeConservativeNews.com