Shelby County attorney opinion on ICE holds 1.2.19

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by  Shelby County Attorney's office

Shelby County Government

LEE HARRIS

MARLINEE . TVERSON
MAYOR

‘COUNTY ATTORNEY

January 2, 2019

Honorable Floyd Bonne
Shelby County Shoriff
201 Poplar Avenue, Suite 902
Memphis, TN 38103

SHELBY COUNTY ATTORNEY OPINION
RE: Shelby County Sheriff's Office Obligations under Tenn. Code
Ann, §§ 4-42-10 ef seq. (formerly cited as Tenn, Code Ann,
§§.4-38-101 et se).
Dear Shoviif Bonner:

‘This opinion is written in response to the following questi

ISSUE

Is the Shelby County Sheriff's Office requwed to comply with Tenn, Code
Ann. §§ 4-42-101 ef seq. (formerly cited ae §§ 459-101 et seq), offdctive January 1,
2019?

OPINION

No, Tenn, Code Ann. §§ 442-101 ¢¢ oog, doce not apply te Shelby County:
Further, the statute is unenforceable againet Shelby County due ta vaguenese.

ANALYSIS

Shelby County and One munivipslities that are a part of the County do noc
have a ‘sanetuazy policy” ax defined im Tenn. Code Ann, §§ 442-107 et eq. Tn
shart, Shelby County is nat a “suneinaey city” Moreover, the statute's prohibition
applies only to “state governmental entit{ies] or officials.” See Tenn. Code Ann. § 4-
42-102(4) @ofining “state governmental entity") and Tenn. Code Ann. § 4-12-1038,
(prohibiting certain neta taken by a ‘state governmental autity ar olfivial), Neithur

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Litter to Honorable Floyd Bonner, de.
January 2. 2019
Page 2 of 3

‘Shelby County, (hw Sheviff, nov the Sheriff's Offive qualifi
entity or official.

3 a state governmental

Sanctuary policies do not exist in Shelby County. All policies adopted by
Shelby Counly abide by che United States Consiitution ang the Constitution of che
State of Tenaessee. Though aot authoritative, Governor Huslant's decision not to
sign the bill, including bis explanations for why, are llwminating on this point:

[This legislation] is a solution Tnoking for a problem . . . which] hae
primarily seeved to stir up fear an both sides of the issue, which
distracts from focusing on real problems ns well as the opportunities in
front of us, Sunctury rilies are alzoady prohibited by state law and do
not exist in Tennestoe, In ily final form, the bill prohibity the Stat»
andl local governments from adopting ordinances, polieles, or practices
that subvert enforcement af federal lave, and it pormits—but does not
ruyuire—local law enforcement to enter ints ugreements with federal
agencies regarding eonpurstion. Tennessee law is already strong in this
area, We prohibit ordinances sind written policies that restrict lor
offciale from complying with federal immigration laws, require
‘employer verification vf immigration status, encourage communication
with federal agencies. and prohibit providing public benefits to those
unlawfully in the United States. For chese reasons uni others, House
BUl315 will became law without my signature

(Gov. Bill Haslam, letier nf May 21, 2018, to the Honorable Beth Harwell, §
‘al Lhe House, Teanessee State Legislature).

‘The statule ix nevertheless unentorceable against Shelby Cunty because the
purported prohibitions in it are #0 ambiguous that it renders the law vuid fr
vaguenie. ‘The Inaguage in the statute iv uaclear to the cxtont that ic ean be
interpreted as requiring absurd andor potentially unconstitutional conduer. hy any
Taw enforcement agenuy, See United States o. Williams, 538 US. 286. 304 (2008) ta
statute is void for vagueness if ic is so standardless that it authorizes arbitrary and
discriminatury enforcement or if it fails to give poople of ordinary intelligence fair
nnotive of prohibited conduct). When read literally, the statute appears to require
some autor Lo detain individuals indefinitely without a warrant. ar prabnble enuse t
fo 9 bused on nothing more thin a stquest of some kind from che departanent of
homeland seenrity or a suevessor syency
Lotter to Llonorable Floyd Bonner, Jr.
danunry 2, 2019
Page 8 of8

Vor the reasons outlined abuve, it is tho opinion of this Office that the
vequizements of Tenn. Code Ann. §§ 4-42-10, ef seg. da not apply to Shelby County
or the Shelby County Shesifl's Ofice

Iv chis Office may he of additional ussistancy to you, please do not hesitate to
contact us,

Sincerely

Wek

Marlineo C. Tvesson
County Auorney

Mekal fore

Gin M, Jones
rputy County

ELE:

Aasiatant County Atuorney