SB 2223

ON APRIL 20, 2026, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 2219, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, require the sheriff of each county to enter into an agreement under an available federal 287(g) program, and expands the powers of the board of control of the Tennessee corrections institute. FEDERAL 287(G) PROGRAM This amendment requires, by January 1, 2027, the sheriff of each county to enter into an agreement under an available federal 287(g) program pursuant to federal law with the appropriate federal official, concerning the enforcement of federal immigration law. An agreement is not subject to approval from the governing body of the local government that the sheriff serves. For purposes of this amendment, "an available federal 287(g) program"" must be one of the following programs:  Jail enforcement model.  Warrant service officer model.  Task force model.  Tribal task force model. This amendment provides that a violation may result in the state withholding all funds of the state allotted to the sheriff's office or to the local government for use by the sheriff's office via grant, contract, or statute, including state-shared taxes. This amendment authorizes a sheriff's office to temporarily suspend compliance with a memorandum of agreement executed if an emergency arises that requires the sheriff's office to redirect deputy sheriffs and resources to respond to the emergency due to a legitimate threat to the public safety and welfare. If a sheriff's office temporarily suspends compliance with the memorandum of agreement, then the sheriff must provide notice as soon as practicable to the chief immigration enforcement officer and the c ommissioner of safety. This only applies to a sheriff who is POST-certified. This amendment authorizes a law enforcement agency other than a sheriff's department to negotiate the terms of an agreement between the law enforcement agency and the appropriate federal official under federal law, concerning the enforcement of federal i mmigration law. An agreement under this amendment is not subject to approval from the governing body of the local government that the agency serves. Any memorandum of agreement negotiated must:  Be entered into in accordance with federal law.  Require that each officer employed by the law enforcement agency be trained in accordance with the memorandum of agreement between the law enforcement agency and the appropriate federal official concerning the law enforcement officer's role in enforcing federal immigration law.  Allow for the enforcement of federal immigration law to the full extent permitted under federal law. This amendment provides that notwithstanding any provision of law to the contrary, any reporting required by this state regarding immigration that involves data from a law enforcement agency must be disaggregated by the reporting law enforcement agency s uch that the data can be specifically traced to each individual law enforcement agency required to report. The requirement for the sheriff of each county to enter into an agreement under an available federal 287(g) program does not apply to a constable. POWERS OF THE BOARD OF CONTROL OF TENNESSEE CORRECTIONS INSTITUTE Th is amendment requires the board to adopt a policy by rule for the temporary detention and custody of detainees pending transfer. The policy must:  Apply only to detainees who are to be transferred into the custody of the bureau of immigration and customs enforcement (ICE) of the United States department of homeland security no later than 48 hours, excluding weekends and holidays, after the period during which the detainee remains in the lawful custody of a sheriff's department.  Authorize the exclusion of detainees from the inmate population computation at the facility where the detainee is held for purposes of compliance with applicable detention standards, including facility capacity limits and inmate ratios.  Be reviewed and reapproved by the board on an annual basis. Th is amendment requires the sheriff charged with custody of a detainee to whom the policy adopted applies to maintain available verifiable documentation substantiating the scheduled transfer date of the detainee to ICE custody. The documentation must be made available for review upon request during any inspection, audit, or compliance monitoring conducted by the board or other governmental entity with jurisdiction to oversee, inspect, or audit the facility. TERMINATION Th is amendment terminates the provisions pertaining to the powers of the board within this amendment on February 1, 2029. Th is amendment terminates the provisions pertaining to the sheriff of each county being required to enter into an agreement under an available federal 287(g) program on February 1, 2029 ."