Tennessee § 4-58-102 - Chapter definitions.

§ 4-58-102. Chapter definitions.

As used in this chapter: “Federal public benefit”: Has the same meaning as provided in 8 U.S.C. § 1611; and Does not mean a benefit listed in 8 U.S.C. § 1611(b); “Political subdivision” means any local governmental entity, including, but not limited to, any municipality, metropolitan government, county, utility district, school district, public building authority, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more of the named local governmental entities; “Qualified alien” means: A qualified alien as defined by 8 U.S.C. § 1641(b); or An alien or nonimmigrant eligible to receive state or local public benefits under 8 U.S.C. § 1621(a); “SAVE program” means the systematic alien verification for entitlements program created pursuant to the federal Immigration Reform and Control Act of 1986 (8 U.S.C. § 1101 et seq.), and operated by the United States department of homeland security, or any successor program thereto; “SEVIS system” means the student and exchange visitor information system created pursuant to § 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208 (as amended) (8 USCS § 1372), and operated by the United States department of homeland security, or any successor program thereto; “State governmental entity”: Means a state agency, department, board, commission, and other body which carries out state functions and programs; and Does not mean a political subdivision; and “State or local public benefit”: Means any public benefit as defined in 8 U.S.C. § 1621, that is provided or administered by a state governmental entity or a local health department; and Does not mean a benefit listed in 8 U.S.C. § 1621(b). Acts 2012, ch. 1061, § 1; 2013, ch. 120, § 1. Code Commission Notes. Acts 2012, ch. 1061, § 1 purported to enact title 4, chapter 57. Title 4, chapter 57 was previously enacted by Acts 2012, ch. 1047, § 1; therefore, the enactment by Acts 2012, ch. 1061, § 1 was designated as title 4, chapter 58 by the code commission. Compiler's Notes. Acts 2012, ch. 1061, § 3 provided that all affected state governmental entities are authorized to promulgate rules and regulations to effectuate the purposes of the act, which enacted this chapter. All rules and regulations promulgated by a state governmental entity shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2012, ch. 1061, § 5 provided that the act, which enacted this chapter, shall apply to all applications for benefits submitted to state governmental entities or local health departments on or after October 1, 2012. Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621 . Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623 , and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017). The Eligibility Verification for Entitlements Act (EVEA) can be read in harmony with laws requiring licensure applicants to be U.S. citizens or U.S. citizens or resident aliens and therefore did not impliedly repeal those laws. State laws requiring licensure applicants to be U.S. citizens are preempted to the extent they conflict with a federal law that limits States’ authority to determine alien eligibility for state public benefits, including professional and commercial licenses. State laws requiring licensure applicants to be U.S. citizens also violate the Equal Protection Clause because they discriminate based on alienage and would not satisfy strict scrutiny. State laws requiring licensure applicants to be U.S. citizens or resident aliens are preempted to the extent they conflict with a federal law that limits States’ authority to determine alien eligibility for state public benefits, including professional and commercial licenses. Laws requiring licensure applicants to be U.S. citizens or resident aliens do not violate the Equal Protection Clause, however, because they discriminate only against unlawful aliens and lawful aliens who are not permanent residents. Those categories of aliens are not a suspect class, and the laws at issue would likely satisfy rational basis review. The Department of Commerce and Insurance is not required to enforce the requirements that an applicant for licensure, registration, or certification be a “citizen of the United States” or a “citizen of the United States or resident alien.” OAG 18-42, 2018 Tenn. AG LEXIS 42 (9/13/2018).