Nashville Council Advances Controversial Immigration Bill

NASHVILLE, TN — State Republicans are blasting Nashville's Metro Council after the overwhelming approval on second reading Tuesday of controversial legislation which seeks to limit the level of cooperation between Metro and federal immigration officials.

The bill faces a third and final vote next month, though traditionally, little changes on the vote count between the second and third readings. (For more updates on this story and free news alerts for your neighborhood, sign up for your local Middle Tennessee Patch morning newsletter.)

The bill, sponsored primarily by at-large member Bob Mendes, prohibits the use of Metro money, resources or facilities — including jails — to assist in the enforcement of federal immigration law. It bars Metro employees from voluntarily sharing information about a person's custody status or court dates or from requesting information about immigration or citizenship status.

As written, it also prohibits the sheriff's office from honoring immigration detention requests unless accompanied by a warrant, although, because the sheriff is a state constitutional officer, it is unclear if that part of the ordinance — or any part of it, for that matter — applies to the sheriff's department. Davidson County Sheriff Daron Hall has openly opposed the proposal.

Mendes and other supporters of the ordinance insist that, under the definition provided by the United States Department of Justice, the ordinance does not make Nashville a so-called "sanctuary city," which the Trump Administration has vowed to crack down against. The DOJ said a sanctuary city actively resists federal immigration laws and, earlier this month, Mendes told the Nashville Scene nothing in his proposal meets that definition of sanctuary city.

“There’s nothing in these ordinances that would trigger the definition of sanctuary jurisdiction," Mendes told the Scene. "So, I know media reports so far have sort of sprinkled the word 'sanctuary' a lot, which is great click bait, but the reality is these bills don’t violate state law, federal law or create what the DOJ has defined as sanctuary jurisdiction.”

Nevertheless, top Republicans and more conservative members of the non-partisan, though largely left-leaning, Metro Council said the ordinance is close enough and may draw the attention of the GOP-dominated state legislature, which has flexed its Dillon's Rule muscles to thwart Metro proposals supported by progressives.

Councilmember Robert Swope, who ran Donald Trump's presidential campaign in Tennessee, said the ordinance would "grant preferential treatment to a criminal class, thereby actively discriminating against legally, law-abiding residents."

"I ask, at what point are we going to stop treating our legal voting constituents differently from those who are not permitted by law to even vote?" he said.

Swope was joined by Davette Blalock, Jacobia Dowell, Steve Glover, Doug Pardue, Russ Pulley, Tanaka Vercher and Sheri Weiner in voting against the bill on second reading, which passed 25-8. Larry Hagar, Angie Henderson, Nick Leonardo and Kevin Rhoten abstained, while Holly Huezo and Jason Potts were absent.

In a statement, State Sen. Jim Tracy, a Murfreesboro Republican, threatened action against Metro if the bill ultimately becomes law. Tracy sponsored 2009 legislation barring the creation of sanctuary jurisdictions in Tennessee.

“There is a high cost to illegal immigration for our cities, counties and state,” said Senator Tracy. “That is why we took action in 2009 to prevent it. The ordinance passed yesterday clearly defies the letter and the spirit of our state law.”

The law states: “A local governmental entity or official shall not adopt any ordinance or written policy that expressly prohibits a local governmental entity, official, or employee from complying with applicable federal law pertaining to persons that reside within the state illegally. An official shall not materially interfere with the ability of a local governmental entity, official or employee of a municipality or a county to comply with applicable federal law pertaining to persons that reside within the state illegally.”

“Obviously, the Metro resolution is contradictory of the state prohibition,” added Tracy. “The first response, should the ordinance pass, is to request an Attorney General’s opinion. Then if any further legislative action is needed, it will be filed immediately.

In her own statement, U.S. Rep. Diane Black, a Gallatin Republican who many speculate will run for governor, called out Metro Mayor Megan Barry.

"It's time for Mayor Barry to stop borrowing liberal policies from California and New York and start putting the safety and security of Tennessee families first," Black said.

Barry was publicly neutral on the bill, though she has said Metro Police are not responsible for enforcing federal immigration law and recently criticized ICE agents for wearing vests that say "Police."