Immigration

Plain English Breakdown

Checked against official source text during the last sync.

Tennessee Private Workplace Due Process and Warrant Protection Act

This bill prohibits state or local agencies from assisting in immigration enforcement actions within private workplaces without a judicial warrant and protects businesses and employees who refuse entry to federal immigration authorities under such conditions.

What This Bill Does

• Prohibits state or local law enforcement from assisting, participating in, or facilitating any immigration enforcement action within a private workplace unless there is a valid judicial warrant.
• Protects business owners, managers, and employees from penalties for refusing entry to federal immigration authorities without a judicial warrant.
• Requires state agencies not to retaliate against businesses that exercise their rights under this act.
• Prohibits state or local agencies from providing access to non-public areas of private workplaces, employee records, or schedules for immigration enforcement purposes without a valid judicial warrant.
• Requires the Department of Labor and Workforce Development to create and distribute notices informing businesses and employees about their rights under this act.

Who It Names or Affects

• State and local law enforcement agencies
• Business owners, managers, and employees
• Federal immigration authorities

Terms To Know

Judicial warrant

A warrant issued by a judge or magistrate based on probable cause that specifically authorizes entry into a private workplace.

Private workplace

Any business location, facility, or property not open to the general public, including non-public work areas.

Limits and Unknowns

• The bill does not create criminal liability for law enforcement officers.
• It does not regulate federal immigration authorities directly and allows them to conduct enforcement actions with a valid judicial warrant in areas of businesses that are open to the public.

Official Summary Text

This bill prohibits

a
state or local law enforcement agency
from
assist
ing
, participat
ing
in, or facilitat
ing
any immigration enforcement action within a private workplace unless the enforcing authority presents a valid judicial warrant authorizing entry.
As used in such prohibition, a "private workplace"
means a business location, facility, or property not open to the general public, including non-public work areas
.

However, an
administrative warrant, civil detainer, or notice issued by a federal immigration authority does not satisfy the requirements of
the above paragraph. Further, a
n employee of a private workplace without actual authority over the premises cannot consent to an enforcement action within a private workplace. Any such consent is invalid.

PROTECTION OF BUSINESS OWNERS AND EMPLOYEES

This bill prohibits a
business owner, manager, or employee
from
be
ing
penalized, cited, or sanctioned under state or local law for refusing entry to a federal immigration authority absent a judicial warrant.

A state or local agency
must
not retaliate against a business for exercising rights under this
bill.

PROHIBITION ON STATE RESOURCE USE

This bill prohibits a state or local agency from
(
i
)
p
rovid
ing
access to non-public business areas
,
(
ii
)
p
rovid
ing
employee records or schedules
,
or

(
iii
)
p
articipat
ing
in questioning, detaining, or escorting individuals within a private workplace for immigration enforcement purposes absent a judicial warrant.

NOTICE OF RIGHTS

This bill requires the
department of labor and workforce development
to
develop and distribute a model workplace notice informing businesses and employees of their rights under this
bill
, including the right to refuse entry absent a judicial warrant.

ENFORCEMENT AND REMEDIES

This bill provides that e
vidence obtained in violation of this
bill
is inadmissible in any state or local court proceeding.

A business or individual aggrieved by a violation of this
bill
may seek declaratory or injunctive relief.
However, t
his
bill
does not create criminal liability for any law enforcement officer.

APPLICABILITY

This bill clarifies that its provisions do not (i) p
rohibit federal immigration enforcement conducted pursuant to a valid judicial warrant
, (ii) r
egulate federal officers directly
,
o
r (iii) l
imit enforcement actions in areas of a
business that are open to the general public.

Current Bill Text

SENATE BILL 1971
By Akbari

HOUSE BILL 1918
By Miller
HB1918
011298
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 7;
Title 8; Title 38; Title 50; Title 62 and Title 66,
relative to the Tennessee Private Workplace Due
Process and Warrant Protection Act.

WHEREAS, the General Assembly finds that:
(1) Private businesses and workplaces are protected under the Fourth
Amendment to the United States Constitution and Article I, Section 7 of the Tennessee
Constitution;
(2) Government entry into non-public areas of a private workplace without
consent or a judicial warrant constitutes a search;
(3) Business owners and employees are often pressured to permit entry by
armed officials despite having legal authority to refuse; and
(4) Tennessee has a compelling interest in protecting property rights, preventing
coercive enforcement tactics, and ensuring lawful process; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 38, is amended by adding the following
new chapter:
38-4-101. Short title.
This chapter is known and may be cited as the "Tennessee Private Workplace
Due Process and Warrant Protection Act."
38-4-102. Chapter definitions.
As used in this chapter:

- 2 - 011298

(1) "Federal immigration authority" means any federal agency or officer
engaged in the civil enforcement of federal immigration law, including United
States immigration and customs enforcement;
(2) "Judicial warrant" means a warrant issued by a federal or state judge
or magistrate based on probable cause and specifically authorizing entry into a
private workplace;
(3) "Private workplace" means any business location, facility, or property
not open to the general public, including non-public work areas; and
(4) "State assistance" means the use of state or local personnel,
facilities, equipment, funds, databases, or participation in enforcement activity.
38-4-103. Warrant requirement for workplace entry.
(a) A state or local law enforcement agency shall not assist, participate in, or
facilitate any immigration enforcement action within a private workplace unless the
enforcing authority presents a valid judicial warrant authorizing entry.
(b) An administrative warrant, civil detainer, or notice issued by a federal
immigration authority does not satisfy the requirements of this section.
(c) An employee of a private workplace without actual authority over the
premises cannot consent to an enforcement action within a private workplace. Any such
consent is invalid.
38-4-104. Protection of business owners and employees.
(a) A business owner, manager, or employee shall not be penalized, cited, or
sanctioned under state or local law for refusing entry to a federal immigration authority
absent a judicial warrant.
(b) A state or local agency shall not retaliate against a business for exercising
rights under this chapter.

- 3 - 011298

38-4-105. Prohibition on state resource use.
A state or local agency shall not:
(1) Provide access to non-public business areas;
(2) Provide employee records or schedules; or
(3) Participate in questioning, detaining, or escorting individuals within a
private workplace for immigration enforcement purposes absent a judicial
warrant.
38-4-106. Notice of rights.
The department of labor and workforce development shall develop and distribute
a model workplace notice informing businesses and employees of their rights under this
chapter, including the right to refuse entry absent a judicial warrant.
38-4-107. Enforcement and remedies.
(a) Evidence obtained in violation of this chapter is inadmissible in any state or
local court proceeding.
(b) A business or individual aggrieved by a violation of this chapter may seek
declaratory or injunctive relief.
(c) This chapter does not create criminal liability for any law enforcement officer.
38-4-108. Construction.
This chapter does not:
(1) Prohibit federal immigration enforcement conducted pursuant to a
valid judicial warrant;
(2) Regulate federal officers directly; or
(3) Limit enforcement actions in areas of a business that are open to the
general public.

- 4 - 011298

SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.