Veterans

Plain English Breakdown

The official source material does not provide specific information about the consequences of failing to verify a veteran's status promptly or penalties for non-compliance by law enforcement agencies.

Tennessee Veteran Protection and Due Process Act

This bill prohibits state or local agencies from assisting in immigration enforcement actions against individuals unless they are certified as not being veterans or their veteran status has been reviewed by the U.S. Department of Veterans Affairs.

What This Bill Does

• Prohibits state or local law enforcement from helping in an immigration action against a veteran without written certification from federal authorities that the person is not a veteran or their status has been reviewed by the U.S. Department of Veterans Affairs.
• Requires state and local agencies to check if someone is a veteran before honoring any request to detain them for immigration reasons.
• Stops law enforcement officers from detaining veterans without a valid judicial warrant and written certification that veteran-specific relief has been considered.
• Ensures veterans in custody are told about their right to legal help related to military service and can access records needed to prove they served.
• Makes evidence obtained against the rules of this act not admissible in state proceedings.

Who It Names or Affects

• Veterans who might be involved in immigration enforcement actions.
• State and local law enforcement agencies that deal with immigration issues.
• Federal authorities requesting assistance from state or local agencies for immigration enforcement.

Terms To Know

Immigration enforcement action

Actions by federal agents to enforce immigration laws.

Veteran

A person who served in the U.S. armed forces and was discharged under honorable or general conditions.

Limits and Unknowns

• The bill does not specify what happens if a veteran's status cannot be verified quickly.
• It is unclear how this act will affect veterans who are not citizens but have served in the U.S. armed forces.
• There are no details on penalties for law enforcement agencies that do not follow these rules.

Official Summary Text

This bill prohibits a
state or local law enforcement agency
from
assist
ing
, participat
ing
in, or facilitat
ing
an immigration enforcement action against an individual unless the requesting federal authority certifies in writing that
(i) t
he individual is not a veteran of the United States armed force or
(ii) t
he individual's veteran status has been reviewed and confirmed by the United States department of veterans affairs.

Absent such certification, all state assistance in an immigration enforcement action must be withheld.
As used in this bill, a "veteran" means
a person who served in the United States armed for
ces and was discharged under honorable or general conditions.

MANDATORY VETERAN STATUS SCREENING

Prior to honoring any immigration detainer or transfer request,
this bill requires
a state or local law enforcement agency
to (i) a
sk whether the individual has served in the United States armed forces and

(
ii
)
c
onduct a good-faith review of available records to determine whether the individual is a veteran.

If veteran status is indicated,
then
the individual must not be transferred until verification is completed.

JUDICIAL SAFEGUARDS

This bill prohibits a
state or local law enforcement officer
from
assist
ing
in the detention or transfer
ring
of a veteran for immigration purposes unless presented with

(
i
)
a
valid judicial warrant and
(ii) w
ritten certification from the agency requesting the transfer that veteran-specific immigration relief has been considered.

ACCESS TO COUNSEL AND BENEFITS

This bill requires a
veteran subject to immigration proceedings while in state custody
to
be
(i) i
nformed of the right to consult an attorney knowledgeable in military-related immigration relie
f
and
(ii) p
ermitted reasonable access to records necessary to establish service in the United States armed forces.
However, this bill
does not deny state or federal veterans' benefits pending verification.

ENFORCEMENT

This bill provides that any
evidence obtained in violation of this
bill
is inadmissible in state proceedings.

A person affected by a violation may bring an action for injunctive or declaratory relief.

Current Bill Text

SENATE BILL 1972
By Akbari

HOUSE BILL 1961
By Glynn
HB1961
011303
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 7;
Title 8; Title 38 and Title 58, relative to the
"Tennessee Veteran Protection and Due Process
Act."

WHEREAS, the General Assembly finds that:
(1) Service in the United States armed forces represents a profound
commitment to this nation and to the people of Tennessee;
(2) Veterans, including United States citizens and lawful permanent residents,
have been mistakenly detained, questioned, or targeted for immigration enforcement
due to database errors, outdated records, or misidentification;
(3) State and local participation in immigration enforcement actions involving
veterans increases the risk of wrongful detention, loss of veterans' benefits, and
separation from family; and
(4) Tennessee has a compelling interest in ensuring that no veteran is subjected
to immigration enforcement with state assistance without heightened due process
protections; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 58, Chapter 3, is amended by adding
the following as a new part:
53-3-201. Short title.
This part is known and may be cited as the 'Tennessee Veteran Protection and
Due Process Act."
53-3-202. Part definitions.
As used in this part:

- 2 - 011303

(1) "Immigration enforcement action" means an action by federal
immigration and customs enforcement agents to enforce federal immigration
laws;
(2) "Proof of veteran status" includes a DD-214, military ID, VA records,
or credible sworn documentation; and
(3) "Veteran" means a person who served in the United States armed
forces and was discharged under honorable or general conditions.
53-3-203. Prohibition on state assistance in veteran deportation.
(a) A state or local law enforcement agency shall not assist, participate in, or
facilitate an immigration enforcement action against an individual unless the requesting
federal authority certifies in writing that:
(1) The individual is not a veteran of the United States armed forces; or
(2) The individual's veteran status has been reviewed and confirmed by
the United States department of veterans affairs.
(b) Absent such certification, all state assistance in an immigration enforcement
action must be withheld.
53-3-204. Mandatory veteran status screening.
(a) Prior to honoring any immigration detainer or transfer request, a state or local
law enforcement agency shall:
(1) Ask whether the individual has served in the United States armed
forces; and
(2) Conduct a good-faith review of available records to determine
whether the individual is a veteran.
(b) If veteran status is indicated, the individual must not be transferred until
verification is completed.

- 3 - 011303

53-3-205. Judicial safeguards.
A state or local law enforcement officer shall not assist in the detention or
transfer of a veteran for immigration purposes unless presented with:
(1) A valid judicial warrant; and
(2) Written certification from the agency requesting the transfer that
veteran-specific immigration relief has been considered.
53-3-206. Access to counsel and benefits.
(a) A veteran subject to immigration proceedings while in state custody must be:
(1) Informed of the right to consult an attorney knowledgeable in military-
related immigration relief; and
(2) Permitted reasonable access to records necessary to establish
service in the United States armed forces.
(b) This part does not deny state or federal veterans' benefits pending
verification.
53-3-207. Enforcement.
(a) Any evidence obtained in violation of this part is inadmissible in state
proceedings.
(b) A person affected by a violation of this part may bring an action for injunctive
or declaratory relief.
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.