Immigration

Plain English Breakdown

The official source does not specify exact costs or fiscal impacts due to multiple unknown variables.

Tennessee Illegal Immigration Act

This bill requires Tennessee law enforcement agencies to request immigration detainers from ICE for individuals unlawfully present in the U.S., detain them if a detainer is received, and transport them to sanctuary cities outside of Tennessee if no detainer is issued within the required timeframe.

What This Bill Does

• Requires law enforcement agencies to request an immigration detainer from ICE when they have custody of someone known to be unlawfully present in the U.S.
• If ICE issues a detainer, the agency must keep the person in custody until ICE takes them away or the time limit on the detainer expires.
• If no detainer is received by ICE within the required timeframe, the law enforcement agency must transport the individual to a sanctuary city outside of Tennessee and record costs.
• Law enforcement agencies must report these costs monthly to the Department of Revenue.
• The Department of Revenue requests reimbursement from the federal government for these costs. If not reimbursed within 30 days, they can withhold state motor fuel taxes collected until the amount is covered.

Who It Names or Affects

• Law enforcement agencies in Tennessee
• Individuals who are unlawfully present in the U.S.
• Cities with sanctuary policies outside of Tennessee

Terms To Know

Immigration detainer

A request from ICE for a law enforcement agency to hold an individual until ICE can take them into custody.

Sanctuary city

A city that limits its cooperation with federal immigration authorities in certain ways, often by not detaining individuals based solely on their immigration status.

Limits and Unknowns

• The exact costs and fiscal impact of the bill cannot be precisely determined due to multiple unknown variables.
• It is unclear how many sanctuary cities will accept individuals from Tennessee under this law.
• The federal government's response to reimbursement requests may vary, affecting state finances.

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

HOUSE BILL 10
By Warner

SENATE BILL 6
By Hensley

SB0006
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.