HB 1937

This bill prohibits a person in this state from be ing detained, arrested, or held, or hav ing the person's liberty restrained , by any law enforcement agency solely or primarily on the basis of an ICE immigration detainer; a n ICE administrative warrant; a n ICE request for notification, transfer, or extended custody; or s uspected or alleged immigration status. Detention or continued detention is unlawful unless ICE presents a valid judicial warrant that ( i ) i s signed by a judge or magistrate; ( ii ) e stablishes probable cause; and ( iii ) s pecifically authorizes detention or transfer of the named indivi dual. Further, an ICE detainer or administrative warrant has no legal force or effect under state law. PROHIBITION ON CUSTODY TRANSFERS TO ICE This bill prohibits a law enforcement agency from transfe r r ing custody of any person to ICE unless ( i ) ICE presents the law enforcement agency with a valid judicial warrant and ( ii ) t he transfer does not extend the person's detention beyond the time the person would otherwise be released under state law. A transfer made in violation of this prohibition constitutes unlawful detention. ENFORCEMENT AND CIVIL LIABILITY This bill authorizes a person unlawfully detained or transferred in violation of this bill to bring a civil action in state court against t he law enforcement agency involved , t he political subdivision for which the law enforcement agency has jurisdiction , and a ny officer who knowingly participated in the unlawful detention or transfer. A prevailing plaintiff in an action so brought is entitled to c ompensatory damages , s tatutory damages of no less than $1,000 per day of unlawful detention , r easonable attorney's fees and costs , and d eclaratory and injunctive relief. Governmental immunity and sovereign immunity are waived for purposes of enforcing this bill. This bill provides that in such an action, proof that detention occurred pursuant to an ICE detainer creates a rebuttable presumption that the detention was unlawful. Further, c ompliance with ICE requests is not a defense to liability under this bill . Neither federal policy nor federal encouragement excuse s violations of state law or constitutional rights. APPLICABILITY This bill clarifies that its provisions do not i nterfere with federal immigration enforcement that is conducted without state or local participation , nor p revent ICE from acting independently within the limits of federal law. Further, this bill only governs the conduct of Tennessee officers and institutions.