Recent statements from Nashville officials seem to run perilously close to violating state law. From Mayor Freddie O’Connell’s carefully crafted statements — to Police Chief John Drake’s declaration that the Metro Nashville officers “do NOT work with ICE” — to an admission from State Representative Aftyn Behn (D-Nashville) that she physically worked to “distract and delay” the immigration enforcement activities of ICE; these actions, statements and policies have raised eyebrows AND questions.
Much attention has been focused on a bill recently signed into law by Governor Bill Lee which toughened the language of a 2018 law.
TC.A. § 4-42-102 (3) states that a Sanctuary policy means any directive, order, ordinance, resolution, practice (emphasis added), or policy, whether formally enacted, informally adopted, or otherwise effectuated, that (A) Limits or prohibits any state governmental entity or official from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien; (B) Grants to aliens unlawfully present in the United States the right to lawful presence within the boundaries of this state in violation of federal law; (C) Violates 8 U.SC. § 1373; (8 U.S. Code § 1373. Communication between government agencies and the Immigration and Naturalization Service)
But there is another new immigration law which could be problematic for those in local government not on-board with Trump administration efforts to arrest and deport dangerous criminals in this country illegally.
According to local NBC Affiliate WSMV, the law describes “human smuggling” as an offense where a person either:
- Knowingly transports an individual with intent to conceal the individual from a law enforcement officer or a federal immigration officer, while knowing the individual has illegally entered or remained in the United States, as determined by the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security; or
- Intentionally conceals, harbors, or shields from detection, or intentionally encourages or induces another to conceal, harbor, or shield from detection, [emphasis added] an individual that the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
Meanwhile, ICE’s Regional Acting Director, Brian Acuna explained to Fox 17 WZTV, “the American people through Congress said that [ICE] is going to enforce immigration laws in the United States … and that’s what we’re doing here. It’s common sense to take public safety threats, gang members and convicted sex offenders off the street and remove them from the country. That’s what we’re doing.”
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Brian Wilson is the Managing Editor of State News Foundation.
Photo “Freddie O’Connell” by Freddie O’Connell.
