Immigration

SENATE BILL 1973
By Akbari

HOUSE BILL 1937
By Salinas
HB1937
011136
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AN ACT to amend Tennessee Code Annotated, Title 7;
Title 8; Title 38; Title 40 and Title 41, relative to the
"Tennessee Freedom from Unlawful Immigration
Detention Act."

WHEREAS, the General Assembly finds that:
(1) The power to arrest or detain a person is among the most serious exercises
of government authority and must be restrained by probable cause and judicial
oversight, not federal administrative action. Civil immigration detainers and
administrative warrants issued by federal agencies are not judicial warrants and do not,
standing alone, authorize the deprivation of liberty under Tennessee law;
(2) United States immigration and customs enforcement ("ICE") routinely issues
civil immigration detainers and administrative warrants that are not reviewed or approved
by any judge;
(3) Such detainers do not establish probable cause and do not authorize arrest
or detention under the Fourth Amendment to the United States Constitution or Article I, §
7 of the Tennessee Constitution;
(4) ICE detainers have resulted in the wrongful detention of United States
citizens, lawful residents, and other Tennesseans;
(5) The use of State and local law enforcement to execute federal civil
immigration enforcement shifts constitutional liability onto Tennessee, while depriving
Tennesseans of due process;
(6) Tennessee has a sovereign obligation to prevent its officers, jails, and
political subdivisions from being used to carry out unconstitutional federal actions; and

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(7) It is the intent of the General Assembly to categorically prohibit the use of
Tennessee law enforcement resources to detain any person on behalf of ICE absent a
valid judicial warrant, and to deter federal abuse through enforceable state law
consequences; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 38, Chapter 1, is amended by adding
the following as a new part:
38-1-1001. Short Title.
This part is known and may be cited as the "Tennessee Freedom from Unlawful
Immigration Detention Act."
38-1-1002. Definitions.
As used in this part:
(1) "ICE" means United States immigration and customs enforcement or
any successor agency;
(2) "Immigration detainer" means any request, notice, hold,
administrative warrant, or communication issued by ICE requesting the detention,
continued detention, or transfer of a person for civil immigration enforcement
purposes;
(3) "Judicial warrant" means a warrant issued by a federal or state judge
or magistrate upon a finding of probable cause supported by oath or affirmation;
and
(4) "Law enforcement agency" means any state, county, municipal, or
metropolitan law enforcement agency, sheriff's office, jail, or detention facility.
38-1-1003. Absolute Prohibition on Detention for ICE.

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(a) A person in this state shall not be detained, arrested, held, or have the
person's liberty restrained by any law enforcement agency solely or primarily on the
basis of:
(1) An ICE immigration detainer;
(2) An ICE administrative warrant;
(3) An ICE request for notification, transfer, or extended custody; or
(4) Suspected or alleged immigration status.
(b) Detention or continued detention is unlawful unless ICE presents a valid
judicial warrant that:
(1) Is signed by a judge or magistrate;
(2) Establishes probable cause; and
(3) Specifically authorizes detention or transfer of the named individual.
(c) An ICE detainer or administrative warrant has no legal force or effect under
state law.
38-1-1004. Prohibition on Custody Transfers to ICE.
(a) A law enforcement agency shall not transfer custody of any person to ICE
unless:
(1) ICE presents the law enforcement agency with a valid judicial
warrant; and
(2) The transfer does not extend the person's detention beyond the time
the person would otherwise be released under state law.
(b) A transfer made in violation of this section is unlawful detention.
38-1-1005. Enforcement and Civil Liability.
(a) A person unlawfully detained or transferred in violation of this part may bring
a civil action in state court against:

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(1) The law enforcement agency involved;
(2) The political subdivision for which the law enforcement agency has
jurisdiction; and
(3) Any officer who knowingly participated in the unlawful detention or
transfer.
(b) A prevailing plaintiff in an action brought under subsection (a) is entitled to:
(1) Compensatory damages;
(2) Statutory damages of not less than one thousand dollars ($1,000) per
day of unlawful detention;
(3) Reasonable attorney's fees and costs; and
(4) Declaratory and injunctive relief.
(c) Governmental immunity and sovereign immunity are waived for purposes of
enforcing this part.
38-1-1006. Evidence of ICE Abuse.
In an action brought under § 38-1-1005, proof that detention occurred pursuant to
an ICE detainer creates a rebuttable presumption that the detention was unlawful.
38-1-1007. No Federal Shield.
Compliance with ICE requests is not a defense to liability under this part. Neither
federal policy nor federal encouragement shall excuse violations of state law or
constitutional rights.
38-1-1008. Construction.
(a) This part does not:
(1) Interfere with federal immigration enforcement that is conducted
without state or local participation; or
(2) Prevent ICE from acting independently within the limits of federal law.

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(b) This part governs only the conduct of Tennessee officers and institutions.
SECTION 2. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.