Tennessee law requires certified county sheriffs to make federal immigration enforcement agreements, and directs a state board to set rules for briefly holding some detainees before transfer.
POST-certified county sheriffs must make an agreement with federal officials to enforce immigration law by January 1, 2027. The state may withhold funds if a sheriff's office violates this requirement.
Other law enforcement agencies may make federal immigration enforcement agreements without local governing-body approval. State reports using agency data must show which agency supplied each part.
The board must set rules for briefly holding certain detainees before transfer to federal immigration custody. The rules apply only when transfer is due within 48 hours, excluding weekends and holidays, after sheriff custody ends.
Each POST-certified county sheriff must make an agreement with a federal official under an available 287(g) program. The requirement applies only to county sheriffs certified by the state to work as law enforcement officers. Available programs include jail, warrant service, task force, and tribal task force models. The local government's governing body does not have to approve the agreement. A sheriff's office may temporarily suspend the agreement during an emergency that requires deputies or resources to respond to a legitimate threat to public safety and welfare. The sheriff must give notice as soon as practicable. The agreement must be made by January 1, 2027. This section ends February 1, 2029, when the prior law is restored.
Other law enforcement agencies may negotiate agreements with federal officials, and state immigration reports using agency data must identify each reporting agency's data separately. These provisions apply to law enforcement agencies other than sheriff's departments and to state immigration reports that use law enforcement agency data. Agreements must follow federal law, train each agency officer for their role, and allow enforcement to the extent federal law permits. The local government's governing body does not have to approve an agreement. The section containing these provisions ends February 1, 2029, when the prior law is restored.
The Tennessee Corrections Institute board must adopt a rule for temporarily holding certain detainees while they await transfer to federal custody. A detainee is someone held under a federal immigration enforcement agreement by a sheriff's department. The rule applies only when the person is to be transferred to U.S. Immigration and Customs Enforcement within 48 hours, excluding weekends and holidays, after the period of lawful sheriff custody. The rule must allow these detainees to be excluded from facility population counts used for capacity limits and other detention standards. Sheriffs must keep verifiable records of the scheduled transfer date and make them available for inspection. The board must review and approve the rules each year. This subsection ends February 1, 2029.
No hearings or votes scheduled.