This bill requires the head of every executive branch agency, department, office, commission, board, or entity of this state, to the greatest extent authorized by law, to consider the effects of illegal immigration on their respective agency, department, office, commission, board, or entity prior to issuing policies, procedures, and practices, and to develop policies, procedures, practices, and methods to collect and analyze data that relates to the provision of public services or the expenditure of public funds directly or indirectly to, or for the benefit of, illegal aliens.
Within 60 days after the effective date of this act, this bill requires the head of every executive branch state agency, department, office, commission, board, or entity of this state to conduct a review of their existing policies, procedures, and practices to ensure that they are consistent with the requirements above.
Within 120 days after the effective date of this act, this bill requires the head of every executive branch agency, department, office, commission, board, or entity of this state to provide a written report to the governor and the speakers of the senate and house of representatives, stating the duties and responsibilities of such agency, department, office, commission, board, or entity relative to the provision of public services or the expenditure of public funds directly or indirectly to, or for the benefit of illegal aliens, which reports must contain one or more recommendations for collecting and analyzing data related to the provision of public services or expenditure of public funds directly or indirectly to, or for the benefit of illegal aliens.
CRIMINAL OFFENSES DATA
Within 90 days after the effective date of this act, this bill requires the commissioners of the departments of public safety and corrections and the Tennessee bureau of investigation (TBI), in consultation with sheriffs and other law enforcement agencies, to jointly develop policies, procedures, practices, and methods to collect and analyze data, and report to the governor and the speakers of the senate and house of representatives on a monthly basis the number of aliens, in comparison with the total number of persons charged or convicted of a criminal offense, which reports must include information regarding the citizenship or nationality and immigration status of the alien, whether the alien is lawfully or unlawfully present in the United States, the specific offenses for which the alien was charged or convicted, the alien's criminal history, any known or suspected gang affiliation, and the jurisdiction of arrest or conviction, or both. In order to determine the citizenship or immigration status of an alien charged or convicted of a criminal offense, the commissioners, or their designees, must make a documented request for that information from the United States department of homeland security.
Within 180 days after the effective date of this act, this bill requires the commissioners of safety and correction and the TBI, in consultation with sheriffs and local law enforcement agencies, to jointly develop a method to regularly publish on one or more publicly accessible websites the data collected regarding criminal arrests and convictions of illegal aliens, which reports must include information regarding the citizenship or nationality of the illegal alien, the specific offenses for which the alien was arrested, charged, or convicted, the criminal history of the illegal alien, any sentencing information, and the jurisdiction of arrest or conviction, or both. Such information must be disclosed with due consideration for the greatest degree of transparency, while consistent with applicable privacy laws. Such websites must be regularly and timely updated with the most current information regarding illegal alien arrests and convictions.
ATTORNEY GENERAL REQUESTS FOR INFORMATION
This bill requires all executive branch state agencies, departments, offices, commissions, boards, entities, officers, and employees of this state to promptly respond to requests for information by the attorney general or concerning matters of illegal immigration that are or may become the subject of litigation involving this state.
ON APRIL 22, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2774, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Beginning January 1, 2025, requires the district attorneys general conference ("conference") to collect and analyze data from law enforcement agencies on the number of persons not lawfully present in the United States charged or convicted of a criminal offense in this state during the previous year. To prepare the report, a conference may consult with the TBI, the department of safety, the department of correction, and other law enforcement agencies, to the extent those agencies may provide information in compliance with state and federal law. On or before January 31, 2025, and each January 31 thereafter, the conference must submit a report to the governor and the speakers of the senate and house of representatives. The report must provide the numbers by judicial district;
(2) Requires the conference to publish the report on one or more publicly available websites, which must include a publicly available website of the Tennessee district attorneys general conference;
(3) Requires the department of correction to report to the governor and the speakers of the senate and house of representatives on or before January 31, 2026, and each January 31 thereafter, the cost incurred by this state to hold persons not lawfully present in the United States convicted of a criminal offense in the previous year, in comparison with the total cost incurred by this state to hold all persons convicted of a criminal offense during the same period;
(4) Clarifies that, for purposes of the bill, an individual is "not lawfully present in the United States" if:
(A) The individual cannot provide (i) a social security card or number that can be verified with the social security administration in accordance with federal law; (ii) a valid Tennessee driver license or photo identification license issued by the department of safety; (iii) a permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (iv) an F-1 or M-1 student visa, issued by the United States department of state; (v) a J-1 visa, issued by the United States department of state; (vi) an official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (vii) a valid, unexpired United States passport; (viii) a certificate of citizenship (form N560 or N561); or (ix) a certificate of naturalization (form N550, N570, or N578); or
(B) The individual has been granted parole under federal law, temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion; and
(5) Establishes that the bill is repealed July 1, 2032.
ON APRIL 24, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2774 FOR SENATE BILL 2158, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2774, AS AMENDED.
AMENDMENT #2 makes the following changes:
(1) Beginning January 1, 2025, requires the district attorneys general conference ("conference") to collect and analyze data from law enforcement agencies on the number of persons not lawfully present in the United States charged or convicted of a criminal offense in this state during the previous year. To prepare the report, a conference may consult with the TBI, the department of safety, the department of correction, and other law enforcement agencies, to the extent those agencies may provide information in compliance with state and federal law. On or before January 31, 2025, and each January 31 thereafter, the conference must submit a report to the governor and the speakers of the senate and house of representatives. The report must provide the numbers by judicial district;
(2) Requires the conference to publish the report on one or more publicly available websites, which must include a publicly available website of the Tennessee district attorneys general conference;
(3) Requires the department of correction to report to the governor and the speakers of the senate and house of representatives on or before January 31, 2026, and each January 31 thereafter, the cost incurred by this state to hold persons not lawfully present in the United States convicted of a criminal offense in the previous year, in comparison with the total cost incurred by this state to hold all persons convicted of a criminal offense during the same period;
(4) Clarifies that, for purposes of the bill, an individual is "not lawfully present in the United States" if:
(A) The individual cannot provide (i) a social security card or number that can be verified with the social security administration in accordance with federal law; (ii) a valid Tennessee driver license or photo identification license issued by the department of safety; (iii) a permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (iv) an F-1 or M-1 student visa, issued by the United States department of state; (v) a J-1 visa, issued by the United States department of state; (vi) an official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (vii) a valid, unexpired United States passport; (viii) a certificate of citizenship (form N560 or N561); or (ix) a certificate of naturalization (form N550, N570, or N578); (x) a B-2 visa, issued by the United States department of state; or (xi) a valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the visa waiver program; or
(B) The individual has been granted parole under federal law, temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion;
(5) If an individual cannot produce the documentation listed in (4)(A), authorizes a law enforcement officer to presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual; and
(6) Establishes that the bill is repealed July 1, 2032.