Tennessee Code Title 40. Criminal Procedure § 40-7-125

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference.

(b) As used in this section, except as provided in subsection (c), a person is “not lawfully present within the United States” if:

(1) The person cannot provide:

(A) A social security card or number that can be verified with the social security administration in accordance with federal law;

(B) A valid Tennessee driver license or photo identification license issued by the department of safety;

(C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services;

(D) An F-1 or M-1 student visa, issued by the United States department of state;

(E) A J-1 visa, issued by the United States department of state;

(F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate;

(G) A valid, unexpired United States passport;

(H) A certificate of citizenship (form N560 or N561);

(I) A certificate of naturalization (form N550, N570, or N578);

(J) A B-2 visa, issued by the United States department of state; or

(K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or

(2) The individual has been granted parole under 8 U.S.C. § 1182(d)(5), temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion.

(c) If an individual cannot produce the documentation listed in subdivision (b)(1), then a law enforcement officer or jailer may presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual.

(d) The requirements of this section are in addition to the requirements in § 40-7-123.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-7-125 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-7-125/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)