Immigration

Plain English Breakdown

Checked against official source text during the last sync.

Tennessee Illegal Immigration Act

This bill requires Tennessee law enforcement agencies to request immigration detainers from ICE for individuals known to be unlawfully present in the U.S., detain them as specified by the detainer, and transport those not taken into federal custody to sanctuary cities outside of Tennessee within 700 miles.

What This Bill Does

• Requires a law enforcement agency to ask for an immigration detainer from ICE as soon as they take custody of someone known to be in the country illegally.
• If ICE sends a detainer request, the agency must keep the person until ICE takes them or until the time limit on the detainer expires.
• If ICE does not send a detainer and the person is still in custody, the agency has to take the person to a sanctuary city outside of Tennessee within 700 miles.
• The law enforcement agency must report costs for detention and transportation to the Department of Revenue each month.
• The Department of Revenue can ask the U.S. Treasury for money to cover these costs or withhold federal fuel taxes if reimbursement is not received.

Who It Names or Affects

• Law enforcement agencies in Tennessee
• Individuals who are unlawfully present in the United States and are detained by law enforcement
• Cities with sanctuary policies outside of Tennessee

Terms To Know

Immigration detainer

A request from ICE for a local police department to hold someone who is suspected of being in the country illegally, even after their legal reason for arrest has been resolved.

Sanctuary city

A city that limits its cooperation with federal immigration authorities and does not enforce certain aspects of immigration law.

Limits and Unknowns

• The bill did not pass in the current session.
• It is unclear how much it will cost local governments to implement this act.
• There are no details on how sanctuary cities outside Tennessee would handle these individuals.

Official Summary Text

This bill enacts
"The Tennessee Illegal Immigration Act
,
"
which requires a
law enforcement agency in custody of an individual known to be unlawfully present in the United States
to
, as soon as practicable after
taking custody of the individual, request an immigration detainer for the individual from the United States immigration and customs enforcement (ICE) division within the United States department of homeland security.

IMMIGRATION DETAINER RECEIVED

If a
law enforcement agency
r
eceives an immigration detainer for an individual requested
under this bill
,
then this bill requires
the agency
to
maintain custody of the individual for the maximum period of time specified in the immigration detainer or until the
individual is taken into custody by ICE, whichever occurs first
.

IMMIGRATION DETAINER NOT RECEIVED OR INDIVIDUAL TAKEN INTO FEDERAL CUSTODY BEFORE DETAINER'S EXPIRATION

If
a law enforcement agency
d
oes not receive an immigration detainer requested und
er
this bill
before the agency is required to release the individual from custody, or the individual is not taken into federal custody before the expiration of the time period specified in an immigration detainer,
then this bill requires
the agency
to
prov
ide transportation to the individual to a city with a sanctuary policy of the individual's choice that is located outside of this state and that is within 700 miles of the law enforcement agency at which the individual is in custody. After transferring t
h
e individual, the law enforcement agency
must
record the actual costs of maintaining custody of the individual and transporting the individual to a city with a sanctuary policy.

REPORT OF COSTS
–
REMITTANCE

This bill requires

e
ach law enforcement agency

to
report its actual costs recorded under
this bill
for each calendar month to the department of revenue no later than the tenth day of each month. For each month subsequent to receiving such reported costs, the department of revenue
must
(
i
)
r
equest fro
m the United States department of the treasury reimbursement for such reported costs; and

(
ii
)
i
f reimbursement is not received within
30
days of the request, withhold from remittance to the federal highway administration on a month-to-month basis that por
tion of the federal motor fuel taxes collected in this state equal to the aggregate monthly actual costs reported by law enforcement agencies
under this bill
.
The
department
must
remit monthly to each law enforcement agency that portion of the federal rei
mbursement or withheld federal motor fuel taxes, as applicable, equal to the agency's monthly reported actual costs for detaining and transporting individuals unlawfully present in the United States.

Current Bill Text

SENATE BILL 6
By Hensley

HOUSE BILL 10
By Warner

HB0010
000199
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 7; Title 38; Title 39; Title 55 and Title 67,
relative to illegal immigration.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as "The Tennessee Illegal Immigration
Act."
SECTION 2. Tennessee Code Annotated, Title 7, Chapter 68, is amended by adding
the following as a new section:
(a) A law enforcement agency in custody of an individual known to be unlawfully
present in the United States shall, as soon as practicable after taking custody of the
individual, request an immigration detainer for the individual from the United States
immigration and customs enforcement (ICE) division within the United States
department of homeland security.
(b) If a law enforcement agency:
(1) Receives an immigration detainer for an individual requested under
subsection (a), the agency shall maintain custody of the individual for the
maximum period of time specified in the immigration detainer or until the
individual is taken into custody by ICE, whichever occurs first; or
(2) Does not receive an immigration detainer requested under subsection
(a) before the agency is required to release the individual from custody, or the
individual is not taken into federal custody before the expiration of the time period
specified in an immigration detainer, the agency shall provide transportation to
the individual to a city with a sanctuary policy of the individual's choice that is

- 2 - 000199

located outside of this state and that is within seven hundred (700) miles of the
law enforcement agency at which the individual is in custody. After transferring
the individual, the law enforcement agency shall record the actual costs of
maintaining custody of the individual and transporting the individual to a city with
a sanctuary policy.
(c) Each law enforcement agency shall report its actual costs recorded under
subdivision (b)(2) for each calendar month to the department of revenue no later than
the tenth day of each month. For each month subsequent to receiving such reported
costs, the department of revenue shall:
(1) Request from the United States department of the treasury
reimbursement for such reported costs; and
(2) If reimbursement is not received within thirty (30) days of the request,
withhold from remittance to the federal highway administration on a month-to-
month basis that portion of the federal motor fuel taxes collected in this state
equal to the aggregate monthly actual costs reported by law enforcement
agencies under this subsection (c). As used in this section, "federal motor fuel
taxes" means the taxes on petroleum products imposed by title 26 of the United
States Code and allocated by chapter 98 of that title to the federal highway trust
fund (26 U.S.C. § 9503) and collected by this state pursuant to § 67-3-206.
(d) The department shall remit monthly to each law enforcement agency that
portion of the federal reimbursement or withheld federal motor fuel taxes, as applicable,
equal to the agency's monthly reported actual costs for detaining and transporting
individuals unlawfully present in the United States.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.