• • Davidson County Sheriff Balks At Proposed Immigration Enforcement Ordinance
• • Nashville Preparing to Become Most Liberal Sanctuary City in the U.S.
• • Nashville to consider 'sanctuary city'-type policies as immigration debate rages

NASHVILLE, Tenn. - Davidson County Sheriff Daron Hall said a "sanctuary city" ordinance proposal will not stop his cooperation with federal ICE agents when it comes to inmates charged with crimes.

The comment came just one day before a big vote on the "sanctuary city-type" ordinance for Nashville.

During an exclusive interview with NewsChannel 5, Hall said his decision was not about immigration politics. He objected to the proposed ordinance because it infringes upon his authority as an elected state constitutional officer.

"The city government I don't believe should be or could be ordering me what to do," said Sheriff Hall.

Hall said the ordinance would prevent his office from cooperating with voluntary detainer requests from ICE agents on inmates unless accompanied by a warrant.

"To ask me to ignore everything with immigration is to let that person go who is a serious criminal local violator or federal immigration violator," said Hall.

The sheriff considered it to be, at least in part, a public safety issue by freeing some potentially dangerous individuals. However, beyond that, Hall said on MorningLine that he objected to the city council setting policy for the jail.

"The sheriff is elected to run the jail. The budget comes from the city council. They can cut my budget and do that, but they can't order me how to run it," said Hall. 

NewsChannel 5 asked if the bill passes would he abide by it? 

"I'm not through with the opinion that Metro legal gave me. If it's something I don't agree I'll pursue it to a courtroom to get it settled," said Hall.





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Two ordinances filed by Metro Councilmen Bob Mendes and Colby Sledge drafted with the assistance of the TN Immigrant & Refugee Rights Coalition (TIRRC), will make Davidson County and Metro Nashville the most liberal sanctuary city in the U.S.; in fact, even more liberal in its policies than New York City or San Francisco.

TIRRC, an affiliate of the National Council of La Raza and a recipient of funding from a George Soros front group, has been agitating for Nashville to formalize its informal sanctuary city practices since the election of President Trump. The two bills co-sponsored by Mendes and Sledge which will have their second reading tonight, will accomplish that goal.

Trying to pass off the ordinances as "in line with state and federal law" the other Mendes/Sledge  bill if passed will, by prohibiting Metro Nashville employees from inquiring into anyone's immigration status, effectively enable illegal aliens to access public benefits they would otherwise be barred from using.

Using the ruse that it's "bad policy and bad practice"for the Metro Council to continue a contractual arrangement with the U.S. Marshals Service that enables the Davidson County jail to detain illegal criminal aliens for ICE pick-up, the Mendes/Sledge bill would "require Metro to exercise its rights to terminate the contract, and negotiate new terms subject to Council approval."

Mendes and Sledge object to cooperating with federal authorities working to deport criminal aliens and appear to have internalized Mayor Megan Barry's mantra that Nashville is and should remain a "welcoming city" making the likely outcome that the Metro Council will decide not to renew any agreement that allows for complying with ICE detainers.

Even liberal New York City's sanctuary policies include exceptions to the blanket rule of non-cooperation with federal immigration authorities. The NYC law includes 170 crimes that trigger cooperation with ICE detainers leading to deportation and more recently during budget hearings, Mayor De Blasio indicated he would be willing to add to that list of crimes:

But I would say anyone in good conscience who reads that list of 170 offenses, which is essentially any acts of violence, anything involving a weapon, anything involving terror, any major drug offenses - it's quite comprehensive - understands the intent is to protect the safety of all New Yorkers.

After the murder of Kate Steinle by an illegal alien who had already been convicted of seven felonies and deported five times, the San Francisco Board of Supervisors "clarified" their sanctuary policy to allow the sheriff more discretion to cooperate with federal immigration authorities involving illegal aliens who commit certain felonies.


 

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Nashville could become the next sanctuary city as the Metro Council prepares to consider an ordinance restricting local agencies from cooperating with federal immigration officials beyond what is required by law. 

The bill, submitted Friday by Council members Bob Mendes and Colby Sledge, doesn't use the term "sanctuary city." But if passed, Nashville would implement policies similar to cities that have used the term.

The phrase has often been used to describe municipalities that decline to hold immigrants for federal immigration officials unless that request is accompanied by a warrant signed by a judge.

"This is an important conversation for the city to have and it's a conversation cities across the country are having as they're dealing with this question of how to relate to the federal immigration enforcement in this new environment," said Stephanie Teatro, co-executive director of the Tennessee Immigrant and Refugee Rights Coalition, which helped author the legislation. 

► More here: Why Nashville is not a sanctuary city and what that means

Teatro said the ordinance is backed by a broad coalition of people who want to see immigrant Nashvillians stay and keep families together. Others backing the measure include those who don't want to divert local resources to federal programs, make the city vulnerable to civil rights lawsuits or allow changing federal policies to compromise public services.

According to a copy of the ordinance obtained by The Tennessean, the bill would do the following, unless specifically required by federal or state law or a court order:

• Metro Nashville would not be able to use local money, resources or facilities to assist in enforcing federal immigration laws, or to share information about a person's custody status or court dates. 
• Metro employees, including police, would be prohibited from requesting information about a person's immigration or citizenship status.
• The Davidson County Sheriff's Office would no longer be able to honor an immigration-related detention request unless it is accompanied by a warrant issued under the Federal Rules of Criminal Procedure.

A separate ordinance, also submitted by Mendes and Sledge, would terminate the contract Metro has with the federal government to provide a certain number of beds in the local jail, including those beds used by Immigration and Customs Enforcement.

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ORDINANCE NO. BL2017-739

An ordinance to amend Title 11 of the Metropolitan Code of Laws regarding federal civil immigration laws.

WHEREAS, more than 80,000 residents of Nashville are foreign-born; and

WHEREAS, immigrants are deeply rooted in the Nashville community, raising children, owning homes, and starting businesses here; and

WHEREAS, Nashville has a proud history of welcoming immigrants and refugees and has long recognized the benefits of making it easier for all residents to participate, contribute, and access key services and opportunities, as seen through the rejection of the English Only referendum and the development of innovative programs and offices, such as the Mayor's Office of New Americans, MyCity Academy, and Parent Ambassadors; and

WHEREAS, the Metropolitan Council is responsible for allocating the city's limited resources, delivering public services, creating opportunities and quality of life for all residents, promoting public safety, and protecting due process for all residents; and

WHEREAS, the cooperation of immigrant residents, and trust between communities and public agencies, is critical to fulfilling the mission and duties of the city; and trust between the immigrant community and local law enforcement is critical to promoting public safety for our entire city; and

WHEREAS, the city has limited resources, immigration law is complex, and enforcing federal immigration law is the exclusive authority of the federal government; and

WHEREAS, participation in voluntary immigrant enforcement programs or expanded collaboration with immigration enforcement agencies is largely unfunded, undermines public safety, and puts the city at risk of constitutional liability; and

WHEREAS, at least 635 jurisdictions, from New Orleans, LA, to Clarkston, GA, have placed reasonable limits on their voluntary participation in federal immigration enforcement activities.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 11 of the Metropolitan Code be amended by adding Chapter 11.34 as follows:

Chapter 11.34 - Compliance with Federal Immigration Laws

Section 11.34.010 - Intent.

It is the intent of this chapter to facilitate compliance with federal immigration laws within the limited resources of local government.

Section 11.34.020 - Use of City Funds, Resources or Facilities Prohibited.

A department, board, commission, officer, or employee of the metropolitan government of Nashville and Davidson County shall not (A) use any funds, resources, or facilities of the metropolitan government to assist in the enforcement of federal immigration laws unless such assistance is required by federal or state law or by a court order; or (B) expend their time or use any resources responding to inquiries from Immigration and Customs Enforcement (ICE) regarding a person's custody status, release date, or scheduled appearance date for court or probation proceedings unless such assistance is required by federal or state law or by a court order.

WHEREAS, good government policy, as well as Section 4.12.160 of the Metropolitan Code of Laws, require that contracts involving the Metropolitan Government be for terms not to exceed sixty months;

WHEREAS, applicable state law requires that the Metropolitan Council approve all intergovernmental services agreements;

WHEREAS, the contract approved by Ordinance No. O96-567 is between the Metropolitan Government and the United States Marshals Service, is more than twenty years old, and has not been reviewed by the Metropolitan Council since being passed on third reading on December 17, 1996;

WHEREAS, it is poor government policy to have a Metropolitan Government contract last for decades without any input or direction from the Metropolitan Council; and