Tennessee 2025-2026 Regular Session

Tennessee House Bill HB6001 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 6002
3	3	By Johnson
4	4
5	5	HOUSE BILL 6001
6	6	By Lamberth
7	7
8	8
9	9	HB6001
10	10	002006
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 2;
14	14	Title 4; Title 5; Title 6; Title 7; Title 8 and Title 55,
15	15	relative to non-United States citizens.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 20, is amended by
19	19	adding the following as a new section:
20	20	(a) There is created within the department of safety the centralized immigration
21	21	enforcement division.
22	22	(b) The chief executive of the division is the chief immigration enforcement
23	23	officer, to be appointed by the governor, whose duties include:
24	24	(1) Overseeing state and local collaboration with federal immigration
25	25	agencies;
26	26	(2) Facilitating efficient communication between state, local, and federal
27	27	agencies with respect to immigration policy and enforcement;
28	28	(3) Allocating resources, including the approval and distribution of grants
29	29	from the immigration enforcement grant fund created pursuant to SECTION 5;
30	30	(4) Developing strategic immigration enforcement plans;
31	31	(5) Coordinating participation in federal immigration programs, including
32	32	the 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. §
33	33	1357(g));
34	34	(6) Ensuring state and local compliance with federal and state
35	35	immigration laws;
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37	37
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40	40	(7) Reporting annually to the governor and general assembly on
41	41	immigration-related progress and challenges. Such report is due not later than
42	42	January 31, 2026, and each January 31 thereafter; and
43	43	(8) Coordinating the direction of state funding to help state and local law
44	44	enforcement implement federal immigration law.
45	45	(c) The commissioner of safety may hire staff within the resources allocated to
46	46	the department of safety and may establish their duties and responsibilities.
47	47	SECTION 2. Tennessee Code Annotated, Section 4-3-2015(a), is amended by deleting
48	48	the subsection and substituting:
49	49	(a) The commissioner of safety, in consultation with the chief immigration
50	50	enforcement officer, shall attempt to enter into the terms of an agreement between the
51	51	state of Tennessee and the United States attorney general concerning the enforcement
52	52	of federal immigration laws, detention and removals, and investigations in this state
53	53	under the 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. §
54	54	1357(g)).
55	55	SECTION 3. Tennessee Code Annotated, Section 4-42-103, is amended by designating
56	56	the existing language as subsection (a) and adding the following new subsection (b):
57	57	(b) It is unlawful for an official to violate subsection (a). A violation of subsection
58	58	(a) is a Class E felony.
59	59	SECTION 4. Tennessee Code Annotated, Section 4-42-104, is amended by adding the
60	60	following new subsection (f):
61	61	(f) Upon the failure of an official to comply with an order in accordance with
62	62	subsection (d), and the official's subsequent conviction pursuant to § 4-42-103(b), the
63	63	attorney general and reporter shall initiate an action to remove the official from office
64	64	pursuant to title 8, chapter 47, as soon as practicable.
65	65
66	66
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68	68
69	69	SECTION 5. Tennessee Code Annotated, Title 7, Chapter 68, is amended by adding
70	70	the following new section:
71	71	(a) Subject to specific appropriation of funds by the general assembly, there is
72	72	created an immigration enforcement grant program to incentivize local governments to
73	73	enter into agreements between the respective local government and the United States
74	74	attorney general under the 287(g) program pursuant to the Immigration and Nationality
75	75	Act (8 U.S.C. § 1357(g)) concerning the enforcement of federal immigration laws,
76	76	detentions and removals, and investigations in this state. Funds received for the grant
77	77	program must be deposited into a special account in the state treasury to be known as
78	78	the immigration enforcement fund, hereinafter known as the "fund."
79	79	(b) The grant program and grants approved under the program are to be
80	80	administered by the chief immigration enforcement officer (CIEO) appointed pursuant to
81	81	SECTION 1 and distributed from the fund.
82	82	(c) To qualify for and receive a grant from the fund, a local government must
83	83	have a valid, executed agreement between the local government and the United States
84	84	attorney general under the 287(g) program pursuant to the Immigration and Nationality
85	85	Act (8 U.S.C. § 1357(g)) and must:
86	86	(1) Submit an application to the centralized immigration enforcement
87	87	division created pursuant to SECTION 1, including a copy of such agreement;
88	88	and
89	89	(2) Execute a contract with the division on terms specified by the division,
90	90	including the right of the division to claw back any remaining grant funding in
91	91	accordance with subsection (h).
92	92	(d) The CIEO:
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97	97	(1) Shall develop the grant application and determine any additional
98	98	information to be included with the application's submission, including the
99	99	proposed use of the grant funds consistent with this section;
100	100	(2) Shall not issue more than one (1) grant under the grant program to a
101	101	local government; and
102	102	(3) Shall establish grant eligibility criteria that prioritize local governments
103	103	that demonstrate a strong commitment to enforcing federal immigration laws.
104	104	(e) Grants under the grant program may be issued for the following purposes:
105	105	(1) To fund training, operational expenses, and other resource needs for
106	106	local governments participating in immigration enforcement efforts;
107	107	(2) To fund investments into or purchases of law enforcement equipment
108	108	to be used in the enforcement of immigration laws; and
109	109	(3) To fund other immigration enforcement activities and programs as
110	110	deemed appropriate by policies prescribed by the CIEO.
111	111	(f) A local government that receives a grant under the grant program shall
112	112	submit quarterly reports to the centralized immigration enforcement division no later than
113	113	thirty (30) days after the end of the quarter in which the local government receives the
114	114	grant, and for each quarter thereafter until all grant funding has been expended by the
115	115	local government. Each report must specify:
116	116	(1) The manner in which grant funds were expended, including an
117	117	itemization of expenditures;
118	118	(2) The remaining balance of grant funds, if any, and the proposed use of
119	119	such funds;
120	120	(3) The documented or projected impact of the grant funds in enforcing
121	121	federal and state immigration laws;
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126	126	(4) Statistics relative to an increase or decrease in crime from illegal
127	127	aliens within the jurisdiction of the local government, if any; and
128	128	(5) Whether the amount of the grant was sufficient to meet the stated
129	129	goals of the local government upon applying for the grant.
130	130	(g) The CIEO may require a local government that has been issued a grant
131	131	under the grant program to provide an accounting of the grant funds at any time after
132	132	issuance of the grant.
133	133	(h) Subsequent to a quarterly report filed under subsection (f) or an accounting
134	134	required under subsection (g), upon a finding by the division or the CIEO that grant
135	135	funds have been misused or misappropriated by a local government, that the local
136	136	government has failed to demonstrate meaningful steps toward supporting federal
137	137	immigration laws or the immigration policies of this state, or that the local government
138	138	has otherwise failed to fulfill any commitment made as a condition of receiving the grant,
139	139	including the expiration, cancellation, or invalidation of the agreement between the local
140	140	government required for grant funding under SECTION 5(c), the CIEO shall require the
141	141	local government to remit all remaining grant funds back to the department of safety for
142	142	deposit into the grant program fund.
143	143	(i)
144	144	(1) In addition to appropriations made to the fund, the department of
145	145	safety may accept other funds by way of grant to the fund. Any such grant must
146	146	be deposited into the fund to be distributed in accordance with this section.
147	147	(2) Moneys in the fund may be invested by the state treasurer in
148	148	accordance with § 9-4-602.
149	149
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153	153	(3) Interest accruing on investments and deposits of the fund must be
154	154	credited to the fund, shall not revert to the general fund, and must be carried
155	155	forward into the subsequent fiscal year.
156	156	(4) Any balance remaining unexpended at the end of a fiscal year in the
157	157	fund does not revert to the general fund but must be carried forward into the
158	158	subsequent fiscal year.
159	159	SECTION 6. Tennessee Code Annotated, Section 7-68-103, is amended by designating
160	160	the existing language as subsection (a) and adding the following new subsection (b):
161	161	(b) It is unlawful for an official to violate subsection (a). A violation of subsection
162	162	(a) is a Class E felony. For purposes of this subsection (b), each official who, in their
163	163	capacity as a member of the governing body of a local government, votes in the
164	164	affirmative to adopt a sanctuary policy is in violation of this section.
165	165	SECTION 7. Tennessee Code Annotated, Section 7-68-104, is amended by adding the
166	166	following new subsection (e):
167	167	(e) Upon the failure of an official to comply with an order in accordance with
168	168	subsection (d), and the official's subsequent conviction pursuant to § 7-68-103(b), the
169	169	attorney general and reporter shall initiate an action to remove the official from office
170	170	pursuant to title 8, chapter 47, as soon as practicable.
171	171	SECTION 8. Tennessee Code Annotated, Section 7-68-105(c)(1), is amended by
172	172	deleting the language "governor," and substituting "governor, chief immigration enforcement
173	173	officer appointed pursuant to SECTION 1,".
174	174	SECTION 9. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by adding
175	175	the language "that is not a temporary driver license" immediately after the language "Tennessee
176	176	driver license".
177	177
178	178
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180	180
181	181	SECTION 10. Tennessee Code Annotated, Section 55-50-303(a)(9), is amended by
182	182	deleting the following language:
183	183	To any person who is not a United States citizen or lawful permanent resident of
184	184	the United States.
185	185	and substituting instead the following:
186	186	To any person who is not a United States citizen.
187	187	SECTION 11. Tennessee Code Annotated, Section 55-50-321(c)(1)(C), is amended by
188	188	deleting the subdivision and substituting instead the following:
189	189	(C) Any applicant applying for a driver license, instruction permit, intermediate
190	190	driver license, or photo identification license, upon initial issuance or reinstatement, shall
191	191	provide either an original or certified copy of documentation that the applicant is a citizen
192	192	of the United States.
193	193	SECTION 12. Tennessee Code Annotated, Section 55-50-321(i)(1), is amended by
194	194	deleting the subdivision and substituting instead the following:
195	195	(1) Any person presenting a driver license from a state that issues driver
196	196	licenses to illegal aliens for the purposes of obtaining a Tennessee driver license is
197	197	required to establish proof of United States citizenship, or, in the case of a temporary
198	198	driver license, either lawful permanent resident status or a specified period of authorized
199	199	stay in the United States.
200	200	SECTION 13. Tennessee Code Annotated, Section 55-50-331(g), is amended by
201	201	deleting the subsection and substituting instead the following:
202	202	(1) Notwithstanding another law to the contrary, the department may issue a
203	203	temporary driver license, temporary intermediate driver license, temporary photo
204	204	identification license, or temporary learner permit to lawful permanent residents of the
205	205	United States or to persons whose presence in the United States has been authorized
206	206
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210	210	by the federal government for a specific purpose and for a specified period of authorized
211	211	stay. A temporary license or permit shall not be used and must not be accepted as valid
212	212	identification where eligibility for a right or benefit is exclusive to United States citizens,
213	213	including, but not limited to, voting.
214	214	(2) The temporary driver license or photo identification license is valid only
215	215	during the period of time of the applicant's authorized stay in the United States or the
216	216	valid period of the applicant's lawful permanent resident card; provided, however, that a
217	217	temporary driver license or photo identification license must not be issued for a period
218	218	longer than eight (8) years.
219	219	(3) A temporary driver license, temporary photo identification license, or
220	220	temporary permit must include a visually distinctive marker for the class designation on
221	221	the face of the license to distinguish the temporary license from the license issued to
222	222	United States citizens under § 55-50-303(a)(9) that are used as a photo identification for
223	223	voting purposes.
224	224	(4) A lawful permanent resident who renews or reinstates a driver license,
225	225	permit, or photo identification license on or after January 1, 2026, must provide proof of
226	226	United States citizenship to maintain the driver license, permit, or photo identification
227	227	license. If such proof of citizenship is not provided, then the person must be issued a
228	228	temporary driver license, temporary permit, or temporary photo identification license
229	229	pursuant to this section.
230	230	(5) A person who becomes a United States citizen may provide proof of such
231	231	citizenship to the department at any time to receive a license under § 55-50-303(a)(9).
232	232	SECTION 14. Tennessee Code Annotated, Section 55-50-102(56), is amended by
233	233	adding the language "except for an individual who is a lawful permanent resident," immediately
234	234	before the language "if there is no definite end".
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239	239	SECTION 15. If any provision of this act or its application to any person or circumstance
240	240	is held invalid, then the invalidity does not affect other provisions or applications of the act that
241	241	can be given effect without the invalid provision or application, and to that end, the provisions of
242	242	this act are severable.
243	243	SECTION 16. For purposes of promulgating rules and forms, redesigning licenses and
244	244	permits, if applicable, and carrying out administrative duties necessary to effectuate this act, this
245	245	act takes effect upon becoming a law, the public welfare requiring it. For all other purposes:
246	246	(1) Sections 1-8 and Section 15 of this act take effect July 1, 2025, the public
247	247	welfare requiring it; and
248	248	(2) Sections 9-14 of this act take effect January 1, 2026, the public welfare
249	249	requiring it.