Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Present law prohibits a state or local governmental entity or official from adopting or enacting a sanctuary policy. A state or local governmental entity that adopts or enacts a sanctuary policy is ineligible to enter into any grant contract with the department of economic and community development until the sanctuary policy is repealed, rescinded, or otherwise no longer in effect.

This bill exempts the following from the above-described provisions: the department of education; the Tennessee higher education commission; the Tennessee board of regents; the department of children's services; the department of health; the department of human services; law enforcement agencies when working with victims of a criminal offense, witness of a criminal offense, or individuals reporting a criminal offense; school districts or open-enrollment charter schools; publicly owned hospitals; and local and regional health departments.

Present law defines "sanctuary policy" as a directive, order, ordinance, resolution, practice, or policy that:

(1) Limits or prohibits a state entity or official from communicating cooperating with federal agencies or officials to verify or report an alien's immigration status;
(2) Authorizes illegal aliens to remain in Tennessee;
(3) Interferes with the ability of state or local government entities to detain and transfer aliens to the department of homeland security;
(4) Requires the department of homeland security to obtain a warrant or demonstrate probable cause before complying with a request to detain and transfer an alien to the department; or
(5) Prevents law enforcement from inquiring into citizenship or immigration status.