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House approves bill banning sanctuary Tennessee cities, mandating cooperation with ICE detainers

Critics of the bill have said the legislation opens up local governments to potential lawsuits if they illegally detain someone.
Credit: WBIR
Tennessee lawmakers convened the state's 110th general assembly on Jan. 10.

Less than a month after federal officials raided a meatpacking plant in East Tennessee and detained nearly 100 immigrants, House lawmakers approved a bill Wednesday seeking to ban sanctuary cities in Tennessee.

The Volunteer State has no sanctuary cities.

The bill, sponsored by Rep. Jay Reedy, R-Erin, and approved with a 64-23 vote, would also mandate local law enforcement officials comply with U.S. Immigration and Customs Enforcement, or ICE, requests to hold immigrants who entered the country illegally.

The requests are known as detainers, and the agency often issues them and asks law enforcement to help with efforts to detain immigrants for purposes of deportation.

Among the key components of the legislation is a provision that would halt any state or local governmental entities that adopt or enact a "sanctuary policy" from receiving a grant from the state Department of Economic and Community Development.

As the House debated the measure, it drew criticism from Democrats and Republicans.

The chamber's passage of the bill comes despite concerns about its constitutionality. A legislative attorney previously said the bill raised "constitutional issues" — a point noted by Rep. Patsy Hazlewood, R-Signal Mountain.

"I would ask that we vote down this bill today," she said.

Rep. Mike Stewart, D-Nashville, unsuccessfully tried to amend the bill, including one that would bolster punishment against businesses that employ 50 or more "illegal aliens."

Stewart cited the ICE raid on a meatpacking facility in Bean Station in early April as the need to punish employers.

House Minority Leader Craig Fitzhugh, D-Ripley, argued that the way the legislation is written, some state agencies could run the risk of being considered sanctuary cities while urging the chamber to reject the bill.

"This bill is too big, too nebulous and has ... unintended consequences," he said.

Critics of the bill have said the legislation opens up local governments to potential lawsuits if they illegally detain someone.

When the bill was in committee, Terry Ashe, executive director of the Tennessee Sheriffs' Association, said that the current detainer system is working.

Despite Ashe's testimony, Reedy said Wednesday the legislation was still necessary.

"This bill helps our state and local law enforcement in providing clear guidelines as to our state's policy," Reedy said.

Although the House rejected several amendments to the bill, one was adopted. The amendment from Rep. Bill Dunn, R-Knoxville, changed the effective date to January 2019, in order to allow law enforcement time to prepare for any impact the legislation will have.

The bill's passage comes on what is expected to be the final day of the legislative session and two days after a House committee approved the measure after initially rejecting it.

The Senate passed the bill with a 25-5 vote Wednesday afternoon, sending the bill to the governor.

Stephanie Teatro, co-executive director of the Tennessee Immigrant and Refugee Rights Coalition, called on Haslam to veto the legislation.

"(The legislation) sets a dangerous precedent by severely restricting the ability of local police to make common-sense, public safety decisions, and forcing local governments to bear the risk and expense of federal immigration enforcement.,” she said.

Hedy Weinberg, executive director of the state chapter of the American Civil Liberties Union, joined in calling for the governor to veto the measure.

"Especially in the wake of the Bean Station raid, this legislation sends a clear message to the nation that Tennessee is becoming the country's 'deportation' capitol," she said.

A spokeswoman for Haslam did not respond to a question on whether the governor was considering vetoing the bill. House Majority Leader Glen Casada, R-Franklin, said Wednesday it was "kind of early in that process."

"I think the governor will look at the bill and do what the citizens of the state and the General Assembly is asking him to do," Casada said. "I think he will (sign it)."

Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.

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