Immigration - As introduced, requires a memorandum of understanding entered between a law enforcement agency and federal officials concerning enforcement of federal immigration laws to include a requirement that the law enforcement agency accept and honor any immigration detainer received from federal immigration authorities, including maintaining custody of the subject of an immigration detainer for 48 hours beyond the time when the subject would have otherwise been released to allow federal immigration authorities to take custody of the subject and notifying federal immigration authorities as soon as possible prior to releasing the subject. - Amends TCA Title 4; Title 7; Title 38 and Title 41.

114th Regular Session (2025-2026) Introduced by Brent Taylor

Requires Tennessee law enforcement to honor federal immigration detainers and hold detainees 48 hours beyond release to facilitate federal immigration enforcement actions.

Companion House Bill substituted

#immigration

Legislative bill overview

SB 1486 requires Tennessee law enforcement agencies that have memoranda of understanding (MOUs) with federal immigration authorities to comply with immigration detainers—formal requests to hold individuals beyond their release date. The bill mandates that agencies maintain custody for up to 48 hours after scheduled release and notify federal authorities before releasing detainees to facilitate federal immigration enforcement.

Why is this important

This bill directly affects how local police interact with federal immigration enforcement, potentially expanding detention authority and creating obligations that may strain local resources. It impacts both immigration enforcement effectiveness and the relationship between local law enforcement and immigrant communities, which influences public safety cooperation and trust.

Potential points of contention

Constitutional concerns: Courts in other jurisdictions have ruled that holding individuals beyond their release date based on civil immigration detainers without judicial warrants may violate Fourth Amendment protections against unlawful detention

Resource and liability questions: The 48-hour hold requirement creates costs for local jurisdictions and potential liability if individuals are unlawfully detained or if the detainer is later deemed invalid

Community-police relations: Mandatory immigration enforcement participation may chill crime reporting and cooperation from immigrant communities, potentially undermining broader public safety goals that some law enforcement agencies prioritize

Limited local discretion: The bill removes flexibility that some jurisdictions have exercised to balance federal enforcement with local policing priorities and community relationships