Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-68-105

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

(a) All law enforcement agencies and officials shall, in accordance with 8 U.S.C. § 1357(g)(10), communicate with the appropriate federal official regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States or otherwise cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.

(b)(1)(A) Except as otherwise provided in this subsection (b), by January 1, 2027, the sheriff of each county must enter into an agreement under an available federal 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. § 1357(g)) with the appropriate federal official, concerning the enforcement of federal immigration law. An agreement under this subdivision (b)(1) is not subject to approval from the governing body of the local government that the sheriff serves.

(B) For purposes of this subdivision (b)(1), “an available federal 287(g) program” must be one (1) of the following programs:

(i) Jail enforcement model;

(ii) Warrant service officer model;

(iii) Task force model; or

(iv) Tribal task force model.

(C) A violation of this subdivision (b)(1) may result in the state withholding all funds of the state allotted to the sheriffs office or to the local government for use by the sheriffs office via grant, contract, or statute, including, but not limited to, state-shared taxes, pursuant to § 4-1-429.

(D) A sheriffs office may temporarily suspend compliance with a memorandum of agreement executed pursuant to this subdivision (b)(1) if an emergency arises that requires the sheriffs office to redirect deputy sheriffs and resources to respond to the emergency due to a legitimate threat to the public safety and welfare. If a sheriffs office temporarily suspends compliance with the memorandum of agreement pursuant to this subdivision (b)(1)(D), then the sheriff must provide notice as soon as practicable to the chief immigration enforcement officer and the commissioner of safety.

(E) This subdivision (b)(1) only applies to a sheriff who is POST-certified.

(2) A law enforcement agency other than a sheriffs department may negotiate the terms of an agreement between the law enforcement agency and the appropriate federal official under 8 U.S.C. § 1357(g), concerning the enforcement of federal immigration law. An agreement under this subdivision (b)(2) is not subject to approval from the governing body of the local government that the agency serves. Any memorandum of agreement negotiated pursuant to 8 U.S.C. § 1357(g) must:

(A) Be entered into in accordance with federal law;

(B) Require that each officer employed by the law enforcement agency be trained in accordance with the memorandum of agreement between the law enforcement agency and the appropriate federal official concerning the law enforcement officer's role in enforcing federal immigration law, in accordance with 8 U.S.C. § 1357(g); and

(3) Notwithstanding any provision of law to the contrary, any reporting required by this state regarding immigration that involves data from a law enforcement agency must be disaggregated by the reporting law enforcement agency such that the data can be specifically traced to each individual law enforcement agency required to report.

(4) This subsection (b) does not apply to a constable, as described in title 8, chapter 10.

(c)(1) Whenever a law enforcement agency enters into a memorandum of agreement pursuant to subsection (b), notice of the agreement must be submitted in writing to the governor; chief immigration enforcement officer appointed pursuant to § 4-3-2014; the office of the lieutenant governor, who shall transmit the notice to the members of the senate; and the office of the speaker of the house of representatives, who shall transmit the notice to the members of the house of representatives.

(c)(1) Whenever a law enforcement agency enters into a memorandum of agreement pursuant to subsection (b), notice of the agreement must be submitted in writing to the governor, the office of the lieutenant governor, who shall transmit the notice to the members of the senate, and the office of the speaker of the house of representatives, who shall transmit the notice to the members of the house of representatives.

(2) Any renewal, modification, or termination of a memorandum of agreement must be reported in the same manner as the original memorandum of agreement in subdivision (c)(1).

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Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-68-105 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-68-105/

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