Bill > HB1937

This bill, titled the "Tennessee Freedom from Unlawful Immigration Detention Act," establishes strict limitations on how Tennessee law enforcement agencies can detain individuals based on immigration matters. It explicitly prohibits these agencies from holding, arresting, or restricting a person's liberty solely because of an immigration detainer or administrative warrant issued by U.S. Immigration and Customs Enforcement (ICE), or due to suspected immigration status. For detention to be lawful, ICE must present a valid judicial warrant signed by a judge or magistrate that establishes probable cause and specifically authorizes the detention or transfer of the named individual, meaning ICE detainers or administrative warrants alone have no legal force in Tennessee. Furthermore, law enforcement agencies are forbidden from transferring custody of any person to ICE unless a valid judicial warrant is presented and the transfer does not extend the person's detention beyond what state law would otherwise require. Individuals unlawfully detained or transferred under these provisions can file a civil lawsuit against the responsible law enforcement agency, its governing political subdivision, or any officer knowingly involved, and may be awarded compensatory and statutory damages, attorney's fees, and other relief, with governmental and sovereign immunity waived for these actions. The bill also clarifies that compliance with ICE requests is not a defense against liability under this act and that it only governs the conduct of Tennessee officers and institutions, not independent federal immigration enforcement.

Government Affairs

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB1937&ga=114