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Back to HB 2219
Tennessee General Assembly· HB 2219Transmitted to Governor for his action.

Immigration - As enacted, requires 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. -, the official text

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~tate of utennessee

                          PUBLIC CHAPTER NO. 1015

                                                  HOUSE BILL NO. 2219

   By Representatives Garrett, Mr. Speaker Sexton, Moody, Todd, Cepicky, Terry, Grills,
                                                              Raper

                                       Substituted for: Senate Bill No. 2223

                                 By Senators Johnson, Stevens, Rose, Taylor

         AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8; Title 16; Title 17;
Title 38; Title 39; Title 40 and Title 41, relative to immigration.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 7-68-105(b), is amended by deleting
the subsection and substituting:

                     (1)

                              (A) Except as otherwise provided in this subsection (b), by January 1,
                    2027, the sheriff of each county must enter into an agreement under an available
                    federal 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C.
                    § 1357(9)) with the appropriate federal offictal, concerning the enforcement of
                    federal immigration law. An agreement under this subdivision (b)(1) is not subject
                    to approval from the governing body of the local government that the sheriff
                    serves.

                              (B) For purposes of this subdivision (b)(1 ), "an available federal 287(g)
                    program" must be one (1) of the following programs:

                                       (i) Jail enforcement model;

                                        (ii) Warrant service officer model;

                                        (iii) Task force model; or

                                        (iv) Tribal task force model.

                              (C) A violation of this subdivision (b)(1) 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, but not limited
                    to, state-shared taxes, pursuant to § 4-1-429.

                              (D) A sheriff's office may temporarily suspend compliance with a
                    memorandum of agreement executed pursuant to this subdivision (b)(1) 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 sheriffs office temporarily suspends compliance with the
                    memorandum of agreement pursuant to this subdivision (b)(1)(D), then the sheriff
                    must provide notice as soon as practicable to the chief immigration enforcement
                    officer and the commissioner of safety.

                              (E) This subdivision (b)(1) only applies to a sheriff who is POST-certified.

                    (2) A law enforcement agency other than a sheriffs department may negotiate
          the terms of an agreement between the law enforcement agency and the appropriate
          federal official under 8 U.S.C. § 1357(9), concerning the enforcement of federal
          immigration law. An agreement under this subdivision (b)(2) is not subject to approval
          from the governing body of the local government that the agency serves. Any
          memorandum of agreement negotiated pursuant to 8 U.S.C. § 1357(g) must:
HB2219

                              (A) Be entered into in accordance with federal law;

                              (8) 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, in accordance
                   with 8 U.S.C. § 1357(9); and

                              (C) Allow for the enforcement of federal immigration law to the full extent
                    permitted under federal law.

                    (3) 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 such that the data can
          be specifically traced to each individual law enforcement agency required to report.

                    (4) This subsection (b) does not apply to a constable, as described in title 8,
          chapter 10.

          SECTION 2. Tennessee Code Annotated, Section 41-7-106, is amended by adding the
following new subsection U):

                    (1) As used in this subsection U), "detainee" means an individual who is detained
          pursuant to a memorandum of agreement executed under§ 7-68-105(b) pursuant to 8
          U.S.C. § 1357(g).

                    (2) The board shall adopt a policy by rule for the temporary detention and
          custody of detainees pending transfer pursuant to subdivision 0)(3).

                    (3) The policy must:

                              (A) 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 forty-eight (48) hours, excluding
                    weekends and holidays, after the period during which the detainee remains in the
                    lawful custody of a sheriff's department;

                              (B) Authorize the exclusion of detainees described in subdivision 0)(3)(A)
                    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; and

                              (C) Be reviewed and reapproved by the board on an annual basis.

                    (4) The sheriff charged with custody of a detainee to whom the policy adopted
          pursuant to subdivision 0)(2) applies shall 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.

                   (5) This subsection 0) terminates February 1, 2029.

          SECTION 3. Section 1 terminates on February 1, 2029, and the law in effect prior to this
act's effective date must be restored.

          SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.

                                                               2
         HOUSE BILL NO. 2219

PASSED:  April 23, 2026

                         CAMERO"ftlSEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

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                                                                    RANDY-N~

                                              SPEAKER OF THE SENATE

APPROVED this !Cf-ti.,. day of (Y'\a.,, A  I                        2026

     ~~ -

BILL LEE, GOVERNOR
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