AN ACT to amend Tennessee Code Annotated, Title 7; Title 8; Title 38; Title 40 and Title 41, relative to the "Tennessee Freedom from Unlawful Immigration Detention Act."
HB1937, titled the “Tennessee Freedom from Unlawful Immigration Detention Act,” would prohibit Tennessee law enforcement agencies, jails, and detention facilities from detaining, arresting, holding, or transferring a person solely or primarily because of an ICE immigration detainer, ICE administrative warrant, ICE request for notification or transfer, or the person’s suspected immigration status. The bill states that only a valid judicial warrant—signed by a judge or magistrate, supported by probable cause, and specifically authorizing detention or transfer—could justify continued detention or custody transfer for immigration purposes.
The bill also creates a private right of action for people unlawfully detained or transferred in violation of its terms. Affected individuals could sue the law enforcement agency, the relevant political subdivision, and any officer who knowingly participated, and could recover compensatory damages, at least $1,000 per day of unlawful detention, attorney’s fees, costs, and injunctive or declaratory relief. It further waives governmental and sovereign immunity for enforcement of the act, creates a rebuttable presumption that detention based on an ICE detainer is unlawful, and makes clear that compliance with ICE requests is not a defense under state law.
If enacted, the bill would significantly limit state and local participation in federal civil immigration enforcement in Tennessee by declaring ICE detainers and administrative warrants to have no legal force or effect under state law. It would amend Tennessee Code Annotated by adding a new part to Title 38 and would expose local agencies and officers to civil liability for unlawful detention or transfer, while preserving federal immigration enforcement conducted without state or local involvement. The bill would also affect jails, sheriffs’ offices, municipal police departments, and other detention facilities by requiring release according to state law unless a valid judicial warrant is presented.
The bill’s framing and findings show strong support for restricting local cooperation with ICE and protecting due process rights, emphasizing constitutional limits, wrongful detention concerns, and state sovereignty. However, the available voting history indicates the measure faced significant resistance in committee, where it failed in the House Departments & Agencies Subcommittee by a 2-5 vote. No transcript discussion is available, but the vote suggests the bill was not broadly supported in that setting.
The main point of contention is whether Tennessee law enforcement should be allowed to honor ICE detainers and administrative warrants without a judicial warrant. Supporters of the bill argue that such detentions are unconstitutional, can lead to wrongful detention of citizens and lawful residents, and improperly shift liability to the state and local governments. Opponents likely object to limiting cooperation with federal immigration authorities and to the bill’s broad civil-liability provisions, including the waiver of immunity and statutory damages, which could expose agencies and officers to substantial lawsuits.