Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB6002 Compare Versions

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

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 6002
5	5	By Johnson
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7	7
8	8	SB6002
9	9	002006
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 2;
13	13	Title 4; Title 5; Title 6; Title 7; Title 8 and Title 55,
14	14	relative to non-United States citizens.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 20, is amended by
18	18	adding the following as a new section:
19	19	(a) There is created within the department of safety the centralized immigration
20	20	enforcement division.
21	21	(b) The chief executive of the division is the chief immigration enforcement
22	22	officer, to be appointed by the governor, whose duties include:
23	23	(1) Overseeing state and local collaboration with federal immigration
24	24	agencies;
25	25	(2) Facilitating efficient communication between state, local, and federal
26	26	agencies with respect to immigration policy and enforcement;
27	27	(3) Allocating resources, including the approval and distribution of grants
28	28	from the immigration enforcement grant fund created pursuant to SECTION 5;
29	29	(4) Developing strategic immigration enforcement plans;
30	30	(5) Coordinating participation in federal immigration programs, including
31	31	the 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. §
32	32	1357(g));
33	33	(6) Ensuring state and local compliance with federal and state
34	34	immigration laws;
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36	36
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39	39	(7) Reporting annually to the governor and general assembly on
40	40	immigration-related progress and challenges. Such report is due not later than
41	41	January 31, 2026, and each January 31 thereafter; and
42	42	(8) Coordinating the direction of state funding to help state and local law
43	43	enforcement implement federal immigration law.
44	44	(c) The commissioner of safety may hire staff within the resources allocated to
45	45	the department of safety and may establish their duties and responsibilities.
46	46	SECTION 2. Tennessee Code Annotated, Section 4-3-2015(a), is amended by deleting
47	47	the subsection and substituting:
48	48	(a) The commissioner of safety, in consultation with the chief immigration
49	49	enforcement officer, shall attempt to enter into the terms of an agreement between the
50	50	state of Tennessee and the United States attorney general concerning the enforcement
51	51	of federal immigration laws, detention and removals, and investigations in this state
52	52	under the 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. §
53	53	1357(g)).
54	54	SECTION 3. Tennessee Code Annotated, Section 4-42-103, is amended by designating
55	55	the existing language as subsection (a) and adding the following new subsection (b):
56	56	(b) It is unlawful for an official to violate subsection (a). A violation of subsection
57	57	(a) is a Class E felony.
58	58	SECTION 4. Tennessee Code Annotated, Section 4-42-104, is amended by adding the
59	59	following new subsection (f):
60	60	(f) Upon the failure of an official to comply with an order in accordance with
61	61	subsection (d), and the official's subsequent conviction pursuant to § 4-42-103(b), the
62	62	attorney general and reporter shall initiate an action to remove the official from office
63	63	pursuant to title 8, chapter 47, as soon as practicable.
64	64
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67	67
68	68	SECTION 5. Tennessee Code Annotated, Title 7, Chapter 68, is amended by adding
69	69	the following new section:
70	70	(a) Subject to specific appropriation of funds by the general assembly, there is
71	71	created an immigration enforcement grant program to incentivize local governments to
72	72	enter into agreements between the respective local government and the United States
73	73	attorney general under the 287(g) program pursuant to the Immigration and Nationality
74	74	Act (8 U.S.C. § 1357(g)) concerning the enforcement of federal immigration laws,
75	75	detentions and removals, and investigations in this state. Funds received for the grant
76	76	program must be deposited into a special account in the state treasury to be known as
77	77	the immigration enforcement fund, hereinafter known as the "fund."
78	78	(b) The grant program and grants approved under the program are to be
79	79	administered by the chief immigration enforcement officer (CIEO) appointed pursuant to
80	80	SECTION 1 and distributed from the fund.
81	81	(c) To qualify for and receive a grant from the fund, a local government must
82	82	have a valid, executed agreement between the local government and the United States
83	83	attorney general under the 287(g) program pursuant to the Immigration and Nationality
84	84	Act (8 U.S.C. § 1357(g)) and must:
85	85	(1) Submit an application to the centralized immigration enforcement
86	86	division created pursuant to SECTION 1, including a copy of such agreement;
87	87	and
88	88	(2) Execute a contract with the division on terms specified by the division,
89	89	including the right of the division to claw back any remaining grant funding in
90	90	accordance with subsection (h).
91	91	(d) The CIEO:
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96	96	(1) Shall develop the grant application and determine any additional
97	97	information to be included with the application's submission, including the
98	98	proposed use of the grant funds consistent with this section;
99	99	(2) Shall not issue more than one (1) grant under the grant program to a
100	100	local government; and
101	101	(3) Shall establish grant eligibility criteria that prioritize local governments
102	102	that demonstrate a strong commitment to enforcing federal immigration laws.
103	103	(e) Grants under the grant program may be issued for the following purposes:
104	104	(1) To fund training, operational expenses, and other resource needs for
105	105	local governments participating in immigration enforcement efforts;
106	106	(2) To fund investments into or purchases of law enforcement equipment
107	107	to be used in the enforcement of immigration laws; and
108	108	(3) To fund other immigration enforcement activities and programs as
109	109	deemed appropriate by policies prescribed by the CIEO.
110	110	(f) A local government that receives a grant under the grant program shall
111	111	submit quarterly reports to the centralized immigration enforcement division no later than
112	112	thirty (30) days after the end of the quarter in which the local government receives the
113	113	grant, and for each quarter thereafter until all grant funding has been expended by the
114	114	local government. Each report must specify:
115	115	(1) The manner in which grant funds were expended, including an
116	116	itemization of expenditures;
117	117	(2) The remaining balance of grant funds, if any, and the proposed use of
118	118	such funds;
119	119	(3) The documented or projected impact of the grant funds in enforcing
120	120	federal and state immigration laws;
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125	125	(4) Statistics relative to an increase or decrease in crime from illegal
126	126	aliens within the jurisdiction of the local government, if any; and
127	127	(5) Whether the amount of the grant was sufficient to meet the stated
128	128	goals of the local government upon applying for the grant.
129	129	(g) The CIEO may require a local government that has been issued a grant
130	130	under the grant program to provide an accounting of the grant funds at any time after
131	131	issuance of the grant.
132	132	(h) Subsequent to a quarterly report filed under subsection (f) or an accounting
133	133	required under subsection (g), upon a finding by the division or the CIEO that grant
134	134	funds have been misused or misappropriated by a local government, that the local
135	135	government has failed to demonstrate meaningful steps toward supporting federal
136	136	immigration laws or the immigration policies of this state, or that the local government
137	137	has otherwise failed to fulfill any commitment made as a condition of receiving the grant,
138	138	including the expiration, cancellation, or invalidation of the agreement between the local
139	139	government required for grant funding under SECTION 5(c), the CIEO shall require the
140	140	local government to remit all remaining grant funds back to the department of safety for
141	141	deposit into the grant program fund.
142	142	(i)
143	143	(1) In addition to appropriations made to the fund, the department of
144	144	safety may accept other funds by way of grant to the fund. Any such grant must
145	145	be deposited into the fund to be distributed in accordance with this section.
146	146	(2) Moneys in the fund may be invested by the state treasurer in
147	147	accordance with § 9-4-602.
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152	152	(3) Interest accruing on investments and deposits of the fund must be
153	153	credited to the fund, shall not revert to the general fund, and must be carried
154	154	forward into the subsequent fiscal year.
155	155	(4) Any balance remaining unexpended at the end of a fiscal year in the
156	156	fund does not revert to the general fund but must be carried forward into the
157	157	subsequent fiscal year.
158	158	SECTION 6. Tennessee Code Annotated, Section 7-68-103, is amended by designating
159	159	the existing language as subsection (a) and adding the following new subsection (b):
160	160	(b) It is unlawful for an official to violate subsection (a). A violation of subsection
161	161	(a) is a Class E felony. For purposes of this subsection (b), each official who, in their
162	162	capacity as a member of the governing body of a local government, votes in the
163	163	affirmative to adopt a sanctuary policy is in violation of this section.
164	164	SECTION 7. Tennessee Code Annotated, Section 7-68-104, is amended by adding the
165	165	following new subsection (e):
166	166	(e) Upon the failure of an official to comply with an order in accordance with
167	167	subsection (d), and the official's subsequent conviction pursuant to § 7-68-103(b), the
168	168	attorney general and reporter shall initiate an action to remove the official from office
169	169	pursuant to title 8, chapter 47, as soon as practicable.
170	170	SECTION 8. Tennessee Code Annotated, Section 7-68-105(c)(1), is amended by
171	171	deleting the language "governor," and substituting "governor, chief immigration enforcement
172	172	officer appointed pursuant to SECTION 1,".
173	173	SECTION 9. Tennessee Code Annotated, Section 2-7-112(c)(1), is amended by adding
174	174	the language "that is not a temporary driver license" immediately after the language "Tennessee
175	175	driver license".
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180	180	SECTION 10. Tennessee Code Annotated, Section 55-50-303(a)(9), is amended by
181	181	deleting the following language:
182	182	To any person who is not a United States citizen or lawful permanent resident of
183	183	the United States.
184	184	and substituting instead the following:
185	185	To any person who is not a United States citizen.
186	186	SECTION 11. Tennessee Code Annotated, Section 55-50-321(c)(1)(C), is amended by
187	187	deleting the subdivision and substituting instead the following:
188	188	(C) Any applicant applying for a driver license, instruction permit, intermediate
189	189	driver license, or photo identification license, upon initial issuance or reinstatement, shall
190	190	provide either an original or certified copy of documentation that the applicant is a citizen
191	191	of the United States.
192	192	SECTION 12. Tennessee Code Annotated, Section 55-50-321(i)(1), is amended by
193	193	deleting the subdivision and substituting instead the following:
194	194	(1) Any person presenting a driver license from a state that issues driver
195	195	licenses to illegal aliens for the purposes of obtaining a Tennessee driver license is
196	196	required to establish proof of United States citizenship, or, in the case of a temporary
197	197	driver license, either lawful permanent resident status or a specified period of authorized
198	198	stay in the United States.
199	199	SECTION 13. Tennessee Code Annotated, Section 55-50-331(g), is amended by
200	200	deleting the subsection and substituting instead the following:
201	201	(1) Notwithstanding another law to the contrary, the department may issue a
202	202	temporary driver license, temporary intermediate driver license, temporary photo
203	203	identification license, or temporary learner permit to lawful permanent residents of the
204	204	United States or to persons whose presence in the United States has been authorized
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209	209	by the federal government for a specific purpose and for a specified period of authorized
210	210	stay. A temporary license or permit shall not be used and must not be accepted as valid
211	211	identification where eligibility for a right or benefit is exclusive to United States citizens,
212	212	including, but not limited to, voting.
213	213	(2) The temporary driver license or photo identification license is valid only
214	214	during the period of time of the applicant's authorized stay in the United States or the
215	215	valid period of the applicant's lawful permanent resident card; provided, however, that a
216	216	temporary driver license or photo identification license must not be issued for a period
217	217	longer than eight (8) years.
218	218	(3) A temporary driver license, temporary photo identification license, or
219	219	temporary permit must include a visually distinctive marker for the class designation on
220	220	the face of the license to distinguish the temporary license from the license issued to
221	221	United States citizens under § 55-50-303(a)(9) that are used as a photo identification for
222	222	voting purposes.
223	223	(4) A lawful permanent resident who renews or reinstates a driver license,
224	224	permit, or photo identification license on or after January 1, 2026, must provide proof of
225	225	United States citizenship to maintain the driver license, permit, or photo identification
226	226	license. If such proof of citizenship is not provided, then the person must be issued a
227	227	temporary driver license, temporary permit, or temporary photo identification license
228	228	pursuant to this section.
229	229	(5) A person who becomes a United States citizen may provide proof of such
230	230	citizenship to the department at any time to receive a license under § 55-50-303(a)(9).
231	231	SECTION 14. Tennessee Code Annotated, Section 55-50-102(56), is amended by
232	232	adding the language "except for an individual who is a lawful permanent resident," immediately
233	233	before the language "if there is no definite end".
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238	238	SECTION 15. If any provision of this act or its application to any person or circumstance
239	239	is held invalid, then the invalidity does not affect other provisions or applications of the act that
240	240	can be given effect without the invalid provision or application, and to that end, the provisions of
241	241	this act are severable.
242	242	SECTION 16. For purposes of promulgating rules and forms, redesigning licenses and
243	243	permits, if applicable, and carrying out administrative duties necessary to effectuate this act, this
244	244	act takes effect upon becoming a law, the public welfare requiring it. For all other purposes:
245	245	(1) Sections 1-8 and Section 15 of this act take effect July 1, 2025, the public
246	246	welfare requiring it; and
247	247	(2) Sections 9-14 of this act take effect January 1, 2026, the public welfare
248	248	requiring it.