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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
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