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No Sanctuary Cities > THE ISSUES

On April 28, 2018, Each Speakers signed the invoice. On Might 21, 2018, the Governor sent a letter to Speaker Harwell that he wasn’t going to sign it and that it will BECOME LAW without his signature.  It turned:
PUBLIC CHAPTER NO. 973

HOUSE BILL NO.23I5
By Representatives Reedy, Terry, Jerry Sexton, llloody, Rogers, tlatthew Hill, Goins,
Eldridge, Byrd, Matheny, Boyd, Matlock, Dawn White, Weaver, Keisling, Zachary,
Van Huss, Carr, Vaughan, Crawford, Hawk, Whitson, Tillis, Kane, Galfee, Marsh, Cameron
Sexton, Lynn, Johnson, Moon, Timothy Hill, Holt, Casada, Holsclaw, Halford, Harry
Brooks, Kevin Brooks, ilcGormick, Carter, Travis, Gant, Smith, Sherrell, Powers, Lollar,
Gravitt, Sparks, Littleton, Hulsey, Coley, Ragan, Doss, Lamberth, Howell, Hicks, Williams,
Faison, Kumar, Butt, Forgety, Madam Speaker Harwell, Daniel, Rudd, Alexander, ilark
White, Wirgau, Windle
Substituted for: Senate Bill No. 2332
By Senators Inexperienced, Bell, Ketron, Roberts, Pody, Southerland, Bowling, Jackson,
Greshamn Reeves, Hensley, Lundberg

The final language of HB2315, passed overwhelmingly by each the House and Senate, is a product of respectful and thorough dialogue – listening and responding to every concern raised.

Modifications that have been made embrace:

  • Removing the provisions that might have permitted Tennessee residents to submit a grievance alleging a violation of the statute directly to the Lawyer Common. The invoice not includes the Lawyer Common’s workplace and as an alternative, retains the method that’s already in the T.C.A. allowing a state resident to take their grievance to Chancery Courtroom.

  • Clarifying the language to make sure that any withholding of ECD grants was potential only and that already obligated ECD grants remained undisturbed. Additional, the invoice is structured so that ineligibility for an ECD grant is simply triggered after a courtroom discovering a violation of the statute. Moreover, state businesses and localities are eligible to obtain ECD grants as soon as the sanctuary policies are rescinded, repealed, or in any other case not in impact.

  • Upon suggestion from House State Government legal counsel, language was eliminated to ensure that any potential Constitutional questions relating to compliance with ICE detainer requests have been negated.

  • Shifting the efficient date to January 2019, to permit state and local businesses, regulation enforcement and other governmental bodies, enough time to adjust to the brand new regulation.

All communities in Tennessee must be “welcoming,” but residents of Tennessee communities also needs to welcome dwelling in communities the place regulation is revered and upheld versus selective enforcement based mostly on political agendas. That is the main function underlying HB2315.

Tennessee was among the many early state leaders in enacting an anti-sanctuary metropolis regulation in 2009, however an ordinance proposed by the Metro Nashville Council in June 2017, exposed how a apply could possibly be instituted that may, in impact, create a sanctuary metropolis, but avoid violating state regulation.

States that have handed anti-sanctuary metropolis laws since 2009, have outlined sanctuary insurance policies to include “practices” that either prohibit or prohibit cooperation with federal immigration authorities executing their duties beneath federal regulation, or are preempted by federal regulation.

The same “practice” language was included in a 2018 U.S. Senate amendment supported by both Senators Alexander and Corker.

Importantly, the bill’s provisions relating to compliance with ICE detainer requests have been upheld by the Fifth Circuit Courtroom of Appeals’ ruling on the Texas sanctuary metropolis regulation, reputed to be the strictest within the nation.

The Courtroom decided Texas regulation enforcement might adjust to, honor and fulfill detainer requests.

The Courtroom also held that state and native regulation enforcement do not make any unbiased selections about detaining somebody but appearing solely when there has already been path from the ICE agent who makes the underlying removability willpower.

The Courtroom additionally held that immigration officers might “seize” aliens based mostly on an administration warrant testifying to the possible explanation for removability (i.e., a detainer). Moreover, the brand new detainer type (I-247A) requires the ICE officer to certify that possible reason for removabilty exists – thus the ice detainer evidences probable explanation for removability in every instance. Beneath the “collective knowledge” doctrine, the native regulation enforcement officer doesn’t need possible cause himself as a result of the information is imputed to him/her. (i.e. the ICE officer’s information passes to the native officer.)

HB2315 does not authorize state or local regulation enforcement on their own inquiry, to arrest someone based mostly on immigration standing.

Nor will HB2315 end in racial profiling, a purely speculative and unfounded declare not supported in any method by the expertise in different states which have handed comparable laws. For a sanctuary policy to be triggered, an individual must first be arrested for committing a criminal offense underneath Tennessee regulation earlier than the policies set forth in HB2315 are related.

In truth, ICE knowledge makes a robust case that sanctuary cities publish a rise danger to public security. Following a spike in jurisdictions refusing to cooperate with the federal authorities in 2014, ICE analyzed the effect of noncooperation nationally and found:

Between January 1, 2014 and September 30, 2014, sanctuary jurisdictions launched over 9,000 aliens that ICE had sought to take away;

Of those aliens launched, almost 6,000 had vital prior legal histories or different public security considerations;

Of those with a prior historical past of concern, 58% had prior felony costs or convictions; and

Over 2,000 of the entire quantity launched have been re-arrested inside that 10-month period, and ICE has not been capable of re-apprehend those people.

Gov. Bill Haslam to permit measure banning sanctuary cities, ordering ICE compliance to turn out to be regulation without signature .

Haslam Passes Sanctuary City Bill Without Signing; Boyd, Who Claims He’s Towards Sanctuary Cities, Wouldn’t Ask Him to Sign .

READ MORE: Click on right here to read the legislation

READ MORE: Click right here to read Gov. Haslam’s letter

So grateful to our sponsors: Sen. Mark Green and Rep. Jay Reedy and all of the co-sponsors we had as well as every of these within the Senate and Home who overwhelmingly voted for this essential legislation.

TIRRC Using Reckless Disinformation Marketing campaign on Sanctuary Bill to Create Hysteria in Immigrant Communities .

Diane Black: ‘Uncouple Tennessee’ From Unlawful Immigration ‘mass deportation bill .

I might like to inform you that the passage of this essential laws was the top of the story, BUT, as you possibly can see from the hyperlinks under, we’re STILL in the FIGHT for our life. The OPPONENTS of our bill are doing all the things of their energy – including totally misrepresenting the details and utilizing scare techniques, to get the Governor to

VETO this essential laws.

It is extra essential than EVER that you simply ask the Governor to signal the Sanctuary Bill.  You possibly can name the Governor at 615-741-2001 or ship him an e-mail at [email protected]

Because the clock ticks on a veto by Haslam, lots of rally towards ‘mas deportation invoice’.

Nashville council asks Haslam to veto invoice that may ban sanctuary cities .

Randy Boyd Is Silent As Far Left and Huge Enterprise Pursuits Push Gov. Haslam to Veto Anti-Sanctuary City Invoice

Strain growing on Gov. Bill Haslam among critics, backers of sanctuary cities bill .

Pastors ask governor to veto deportation bill .

Pending Tennessee Regulation Might Lead Youngsters Of Immigrants To Depart Faculty, Advocates Worry .

Voice for Veto .

Sanctuary city bill critics hope rally, letters immediate Haslam Veto .

Opinion | Gov. Haslam, please don’t signal immigration-enforcement bill .

Tennessee Basic Assembly Passes Aggressive Anti-Sanctuary Metropolis Bill .

FACTS ABOUT THE SANCTUARY CITY BILL .

Passed Senate, Ayes 27, Nays 4    04/25/2018 [will post names when they are posted on the Legislative Website.]

HB2315 by Reedy – FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION four/25/2018

PASSED

Ayes………………………………………..64

Noes………………………………………..23

Representatives voting aye have been: Alexander, Boyd, Brooks H., Brooks Okay., Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Curcio, Daniel, Doss, Dunn, Eldridge, Faison, Forgety, Gant, Goins, Halford, Hawk, Hicks, Hill M., Hill T., Holt, Hulsey, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Lynn, Marsh, Matheny, Matlock, McCormick, Moody, Moon, Powers, Ragan, Reedy, Rogers, Rudd, Sexton C., Sexton J., Sherrell, Smith, Sparks, Tillis, Travis, Van Huss, Vaughan, Weaver, White M., Whitson, Williams, Windle, Wirgau, Zachary, Madame Speaker Harwell — 64.

Representatives voting no have been: Akbari, Beck, Camper, Clemmons, Cooper, DeBerry, Fitzhugh, Gilmore, Hardaway, Hazlewood, Love, McDaniel, Miller, Mitchell, Parkinson, Pitts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Turner — 23.

DHS reveals dozens of MS-13, different gang members released by ‘sanctuary’ policies .

Anti-Sanctuary Metropolis Legislators Maintain Their Floor in Committee to Transfer Robust Invoice Toward Full Home for Vote

Sanctuary Bill textual content HERE as amended and passed by the State Authorities Committee. We’ll continue with this language by means of the Finance Committee, the Calendar and Rules Committee and on the House Flooring.

3 Extra California Cities Vote to Choose Out of State’s Sanctuary Regulation

Senate State & Native Government Committee Passes Two Essential Anti-Ilegal Immigration Payments

The Fiscal Burden of Illegal Immigration on Tennessee

Unlawful Immigration Estimated to Value Tennessee Taxpayers $793 Million in 2017

The Fiscal Burden of Unlawful Immigration on United States Taxpayers

Justice Division suing California over sanctuary legal guidelines

Nashville Getting ready to Turn into Most Liberal Sanctuary Metropolis in the U.S.

Metro Nashville Faculty Board Helps Metro Council’s Proposed ‘Sanctuary City’ Coverage

Mark Inexperienced: A nation of laws doesn’t harbor criminals

63 Members of Tennessee Home of Representatives Object to Passage of Nashville’s Proposed Sanctuary Metropolis Ordinance

Nine State Senators Be a part of 63 House Members in Opposing Nashville Sanctuary Metropolis Ordinance, Extra Anticipated

Nashville immigration proposals lifeless as council members plan withdrawal

Eleven States Launch Legal Battle Towards Sanctuary Cities, Tennessee Not Amongst Them

Tancredo: Over 300 Sanctuary Cities Are Costing State and Local Taxpayers over $7,000,000,000 Annually

Border Patrol: California sanctuary laws impede public safety, regulation enforcement

SB 2332 by *Green , Bell, Ketron, Roberts, Pody, Southerland, Bowling, Jackson, Gresham, Reeves, Hensley, Lundberg – 12

HB 2315 by *Reedy , Terry, Sexton J, Moody, Rogers, Hill M, Goins, Eldridge, Byrd, Matheny, Boyd, Matlock, White D, Weaver, Keisling, Zachary, VanHuss, Carr , Vaughan, Crawford, Hawk, Whitson, Tillis, Kane, Calfee, Marsh, Sexton C, Lynn, Johnson, Moon, Hill T, Holt, Casada, Holsclaw, Halford, Brooks H, Brooks Okay, McCormick, Carter, Travis, Gant, Smith, Sherrell, Powers, Lollar, Gravitt, Sparks, Littleton, Hulsey, Coley, Ragan, Doss, Lamberth, Howell, Hicks, Williams, Faison, Kumar, Butt, Forgety, Harwell, Daniel, Rudd, Alexander, White M, Wirgau, Windle – 67

Immigration – As introduced, prohibits state and local governmental entities and officers from adopting sanctuary insurance policies; authorizes Tennessee residents and members of the overall assembly to submit complaints to the lawyer common; supplies that violations subject entities to ineligibility of state moneys; requires regulation enforcement businesses to enter into memorandums of agreement with federal officials regarding enforcement of federal immigration legal guidelines

PLEASE NOTE, THIS BILL HAS BEEN RE-WRITTEN. Yow will discover the brand new textual content HERE.

2017 Anti-Sanctuary Metropolis Bill Replace

SB 2332 Green –  HB 2315 Reedy

Objective of the bill:

To reinforce and make clear Tennessee’s public policy relating to cooperation with federal immigration authorities.

Why we’d like this bill:

In June 2017, the Davidson County Metro Council introduced two ordinances designed to impede compliance with both federal and state regulation relating to unlawful aliens who have dedicated legal acts along with, or unrelated to their immigration status.

Opposition by greater than half of the Tennessee Basic Meeting members to Metro Council’s efforts successfully operate as a sanctuary metropolis, along with a damaging authorized opinion by Metro’s Legal Director, resulted in both ordinances being withdrawn by the sponsors.

Metro Council’s try and impede cooperation federal immigration authorities utilizing a “don’t ask so you don’t have to know or tell” practicehighlights the need to strengthen and clarify Tennessee regulation.

How this invoice works:

Part 1 (state) and Section 2 (native) – broaden the definition of “sanctuary policy” to include “any directive, order, ordinance, resolution, practice or policy, whether formally enacted, informally adopted, or otherwise effectuated”

•   sanctuary policies are available quite a lot of methods; some are enacted as written native legal guidelines whereas others are embedded in “welcoming resolutions” or simply as inner regulation enforcement company policy and/or practices

•  Tennessee’s present sanctuary policy only addresses written policies and does not prolong to

practices

•   the broader definition is specific that no governmental entity in Tennessee shall be restricted or prohibited from speaking with federal immigration authorities

•   AG Loretta Lynch stated that city officers should comply with eight U.S.C. 1373 – the free move of communication between state/local authorities and federal immigration officers concerning a person’s citizenship or immigration status.

•  North Carolina and Georgia have adopted the broader definition

Sections 1 and 3 permit the state to withhold ECD moneys from any governmental entity that adopts a sanctuary policy (per the broadened definition of sanctuary policy)

Section 5 – affirms that cooperating with ICE and complying with detainer requests is in step with federal regulation which permits state and local regulation enforcement to cooperate with federal immigration officers with no written agreement.

•  ICE detainers are accompanied by a warrant and a press release of possible trigger that an immigration violation has occurred.

•  two New York instances (2014 & 2015) held that an ICE detainer based mostly on probable cause didn’t violate any constitutional rights.

•  removing beneath federal immigration regulation is a civil matter so no jurisdiction for Article III judges to concern judicial warrants. The Immigration and Nationality Act offers for DHS issued administrative warrants.

•   memorandum of settlement by native regulation enforcement to enforce immigration regulation pursuant to 8 U.S.C. 1357(g) is permissive.

•   communication or cooperation with federal immigration authorities within the identification of removable aliens does NOT require a written settlement per 8 U.S.C. 1357(g)(10)

We’re very grateful to Sen. Mark Inexperienced, MD, (Clarksville), and Rep. William Lamberth (Portland), for being the sponsors of the Anti-Municipal ID bill (SB2333-HB2312.).   We saw it as a companion to our Anti-Sanctuary City invoice.

Beneath Rep. Lamberth’s wonderful leadership, on April 12, HB2312 handed the House flooring 72-23-1. Then we have been off to the Senate flooring.  Our nice sponsor, Sen. Inexperienced bumped into a number of opposition amongst his colleagues. On April 25, the Senate handed totally different language, 23-5.  When that language was sent again to the House, the House refused to undertake and the invoice was despatched to a Convention Committee.

Now remember, this was the last day of the Session.  Some modifications have been made, then the Convention Committee Report was ship again to each Chambers, the place it passed the Home 69-9-1 and the Senate 25-3. In every Chamber the vote on the Report was the LAST VOTE TAKEN earlier than they adjourned Sine Die for the yr!!!

It went to the Governor on Might 10 and HE SIGNED it on Might 21st.  Whew!!!

In addition to our gratitude to our sponsors, we are grateful for every one that contacted their legislators and the Governor in help of this invoice.

State Rep. William Lamberth Passes Invoice That Prohibits Use of Consular Cards for Identification in Tennessee .

Convention Committee Report on House Invoice No. 2312 / Senate Invoice No. 2333

Conf. comm. report adopted, Ayes 69, Nays 9 PNV 1 within the House, adopted within the Senate Ayes 25, Nays 3

April 25,2018, The ID invoice  passed the Senate 23-5:

Sens. Voting aye: Bailey, Bell, Bowling, Briggs, Crowe, Dickerson, Gardenhire, Inexperienced, Gresham, Hensley, Jackson, Johnson, Lundberg, Massey, Niceley, Pody, Reeves, Roberts, Stevens, Swann, Watson, Yager, Mr. Speaker McNally. Sens. vote No; Harper, Harris, Lyle, Tate, Yarbro.

HB2312 by Lamberth – FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION four/12/2018

PASSED

Ayes………………………………………..72

Noes………………………………………..23

Present and not voting……………….1

Representatives voting aye have been: Alexander, Boyd, Brooks H., Brooks Okay., Butt, Byrd, Calfee, Carr, Carter, Casada, Coley, Crawford, Curcio, Daniel, Doss, Eldridge, Faison, Farmer, Forgety, Gant, Gravitt, Halford, Hawk, Hazlewood, Hicks, Hill M., Hill T., Holsclaw, Holt, Howell, Hulsey, Johnson, Kane, Keisling, Kumar, Lamberth, Littleton, Lollar, Lynn, Marsh, Matheny, Matlock, McCormick, McDaniel, Moody, Moon, Powers, Ragan, Ramsey, Reedy, Rogers, Rudd, Sanderson, Sargent, Sexton C., Sexton J., Sherrell, Smith, Sparks, Terry, Tillis, Travis, Van Huss, Vaughan, Weaver, White D., White M., Whitson, Windle, Wirgau, Zachary, Madame Speaker Harwell — 72.

Representatives voting no have been: Akbari, Beck, Camper, Clemmons, Cooper, Favors, Fitzhugh, Gilmore, Hardaway, Jernigan, Jones, Love, Miller, Mitchell, Parkinson, Pitts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Turner — 23.

Representatives current and not voting have been: Dunn — 1.