Mayor David Briley calls for sweeping investigation of Nashville's probation department following reports of ICE involvement

Scrutiny of the city's probation department intensified Thursday, with Mayor David Briley and a broad swath of the Metro Council demanding investigations into the department's cooperation with federal immigration agents seeking to deport immigrants in the country illegally.

Briley is calling for an investigation and performance audit of the General Sessions Probation Department following reports that the agency is sharing information on probationers with Immigration and Customs Enforcement agents. 

In a letter sent Thursday morning to Interim Metropolitan Auditor Gina Pruitt, Briley said it was "absolutely unacceptable" that Probation Director Robert Green and probation officers have been cooperating with ICE agents since at least 2017. Briley said the behavior "does not reflect the character of our city."

"It also significantly undermines the public’s trust in local government," Briley said in the letter obtained by The Tennessean. "Further, these interactions threaten to discourage justice-involved individuals from complying with the terms of their supervised release."

Early next week, Briley will sign an executive order that outlines what Metro departments and employees should do when contacted by ICE, said Thomas Mulgrew, a spokesperson for the mayor.

A group of 28 Metro Council members signed a letter demanding that the probation department immediately stop assisting ICE and have asked General Sessions judges and court administrator Warner Hassell to investigate the matter. 

Council member Colby Sledge submitted the letter Thursday with signatures, including At-large Council member John Cooper, who is challenging Briley in the upcoming mayoral run-off.

"Metro Council continues to be told that ICE coordination with Metro agencies isn't happening, yet we continue to discover that it is," Sledge said in a statement. "Such actions damage relationships between immigrant Nashvillians and their local government, while endangering all Nashvillians by eroding trust in our criminal justice system."

"Metro Council needs a full account of the extent of this coordination in order to set clear, transparent policies that begin to rebuild trust and protect our communities," he said. 

ICE IN NASHVILLE:Prominent judge says probation department should not be 'scapegoat' over issue with ICE

Presiding judge fires back

Judge Melissa Blackburn, the presiding judge of the General Sessions Court, fired back at the letter, cautioning the Metro Council on Thursday afternoon against using the Probation Department as a "scapegoat," when probation officers were operating with the approval of Metro Legal.

"I can state with certainty that I was not aware of the request or the approval, nor were the General Session Judges as a group made aware — and the release of information was not the result of a policy established by the Judges," Blackburn said in the letter. 

She said the exchange between Green and Metro Legal occurred before her term as presiding judge.

"To date, the General Sessions Court has not received direction that changes or rescinds the determination the Administration's Legal Department provided on March 3, 2017," Blackburn wrote. 

Likewise, she said in the letter, no one from Metro has ever communicated with the court to "advocate for a policy of non-cooperation with ICE" or any other law enforcement. 

Had the city done so, Blackburn said, the court would have considered that position under Tennessee law.

"The Court applies the law as written, fairly and without bias, to each individual," Blackburn wrote. "Should there be a change in the law, it will be applied consistent with our duty and responsibility." 

Blackburn said Hassell is evaluating past actions of the probation department and will present his findings and recommendations to the General Sessions Court judges. 

Appropriate actions will be taken, she said, if it is determined that anyone made errors in the "performance of their duties." 

"We appreciate the opportunity to respond to your statements as we work toward our common goal of a safer community," she said. 

WSMV first reported on probation working with ICE on Tuesday.

Records show the county's probation department shared home and work addresses with federal agents and alerted them to probation appointments. The Metro employees also proactively shared personal information for others, including those listed as emergency contacts of those under probation. 

Internal evaluation to take place

Hassell told The Tennessean Wednesday there would be an internal evaluation of what was shared by the probation department. The evaluation could lead to "possible modification in the future," he said.

Nashville probation officers' entanglement with ICE agents comes amid intense attention on immigration enforcement in Nashville, which was highlighted by a July standoff between Hermitage neighbors and ICE. 

About a dozen community members formed a human-chain around a van to prevent federal agents from arresting a father and 12-year-old boy. ICE called Metro Nashville Police Department officers for assistance, but officers sat in the street monitoring the event.

Agents ultimately drove away from the scene.The incident raised more questions about the role Nashville authorities play in immigration enforcement. 

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"Metro government offices shouldn’t be working with ICE to set traps to arrest Nashvillians. It’s time for our elected officials to establish clear, transparent policies that separate the work of our city agencies from the deportation force," the Tennessee Immigrant and Refugee Rights Coalition said in a statement, following the probation department reports. 

Cooper has seized on the news of ICE collaboration, saying it underscores Briley's poor job performance.

“Mayor Briley’s decision to appoint an internal auditor makes it clear that he doesn’t understand what is happening in his own administration," Cooper said in a statement. "I signed the (Metro Council) letter because it asks for a proper and fair review to determine if media reports are true."

"I have consistently stated that local resources should go to local concerns. It’s the job of the mayor to make sure that happens," he said.

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Reporter Adam Tamburin contributed. 

Yihyun Jeong covers politics in Nashville for USA TODAY NETWORK - TENNESSEE. Reach her at yjeong@tennessean.com and follow her on Twitter @yihyun_jeong.

Who signed the Metro Council letter urging action from General Sessions court

Vice Mayor Jim Shulman; At-large Council members Bob Mendes, Erica Gilmore, Sharon Hurt and John Cooper; Council members DeCosta Hastings, Brett Withers, Anthony Davis, Nancy VanReece, Bill Pridemore, Jeff Syracuse, Burkley Allen, Freddie O’Connell, Mary Carolyn Roberts, Ed Kindall, Mina Johnson, Kathleen Murphy, Jeremy Elrod, Delishia Porterfield, Fabian Bedne, Antoinette Lee, and Angie Henderson; and Council members-elect Sean Parker, Tonya Hancock, Tom Cash, Gloria Hausser, John Rutherford, and Joy Styles.