Tennessee Code 7-68-105 – Authority to communicate with federal officials regarding immigration status of aliens not lawfully present – Memorandum of agreement between law enforcement agency and federal official – Notice to governor
(a) All law enforcement agencies and officials are authorized, in accordance with 8 U.S.C. § 1357(g)(10), to communicate with the appropriate federal official regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States or otherwise to cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.
Terms Used In Tennessee Code 7-68-105
Official: means an agent, employee, member, or representative of a local governmental entity. See Tennessee Code 7-68-102
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A law enforcement agency may negotiate the terms of a memorandum of agreement between the law enforcement agency and the appropriate federal official in 8 U.S.C. § 1357(g), concerning the enforcement of federal immigration laws. Any memorandum of agreement negotiated pursuant to 8 U.S.C. § 1357(g) must:
(1) Be entered into in accordance with federal law;(2) 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 laws, in accordance with 8 U.S.C. § 1357(g); and(3) Allow for the enforcement of federal immigration laws to the full extent permitted under federal law.(c)(1) Whenever a law enforcement agency enters into a memorandum of agreement pursuant to subsection (b), notice of the agreement must be submitted in writing to the governor, the office of the lieutenant governor, who shall transmit the notice to the members of the senate, and the office of the speaker of the house of representatives, who shall transmit the notice to the members of the house of representatives.(2) Any renewal, modification, or termination of a memorandum of agreement must be reported in the same manner as the original memorandum of agreement in subdivision (c)(1).
