State Supreme Court Rules That Metro Charter Allows Davidson County Sheriff To Perform Immigration Enforcement Duties

Thursday, October 4, 2012

The Tennessee Supreme Court ruled that the agreement between the Metropolitan Government of Nashville and Davidson County (“Metro”), through the Davidson County Sheriff, and the United States Immigration and Customs Enforcement (“ICE”) does not violate the Metro Charter or other state law. 

In 2009, Metro authorized the Sheriff to enter into an agreement with ICE that allowed designated Sheriff’s officers to perform certain immigration officer duties after being trained and certified by ICE. Those duties included interrogating any person believed to be an alien as to his right to be, or remain, in the United States; processing any removable alien or those aliens who have been arrested for violating a federal, state or local offense for immigration violations; serving arrest warrants for immigration violations; and detaining and transporting arrested aliens subject to removal to ICE-approved detention facilities.

The agreement was challenged by plaintiffs Daniel Renteria-Villegas, David Ernesto Gutierrez-Turcios and Rosa Landaverde in a lawsuit seeking compensatory damages and injunctive relief filed in the United States District Court in Nashville against Metro and ICE. Renteria-Villegas and Gutierrez-Turcios alleged that Sherriff’s officers arrested and wrongfully interrogated and detained them while the officers investigated their immigration status and Landaverde alleged that removal proceedings were instituted against her son after he was processed by Sheriff’s officers pursuant to the agreement. The plaintiffs argued that provisions of the Metro Charter precluded the Sheriff’s office from performing the law enforcement duties in the agreement with ICE because, under the Charter, those duties are solely the responsibility of the Chief of Police. The United States District Court certified a question of law regarding the Sheriff’s authority to enter into the agreement to the Tennessee Supreme Court.

on Thursday, the Tennessee Supreme Court, in a unanimous opinion authored by Justice Sharon G. Lee, answered the certified question by ruling that neither the Charter nor other state law precludes the Sheriff from performing immigration enforcement duties. Metro had the statutory authority to contract with ICE and authorized the actions of the Sheriff. While the Charter designates the Police Chief as the “principal conservator of the peace,” the Charter does not provide that the Chief is the only conservator of the peace for the Metro government and the Sheriff retained some law enforcement functions under the Charter.

To read the Daniel Renteria-Villegas et al. v. Metropolitan Government of Nashville and Davidson County et al. opinion authored by Justice Sharon G. Lee, visit   

Man, 56, Stabbed At The Corner Of North Market, Frazier Avenue

A 56-year-old man was stabbed at the corner of North Market Street and Frazier Avenue on Wednesday night. Chattanooga Police were advised of the altercation at 7 p.m. Police located a single victim, Danny Henderson, suffering from a stab wound to the abdomen.  T he victim was transported to a local hospital where he received treatment for his injuries. ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: BARRERA, JAVIER ZAVALA  2715 WOODSIDE STREET CHATTANOOGA, 37407  Age at Arrest: 38 years old Arresting Agency: Chattanooga ASSAULT --- BROWNFIELD, STEVEN DERRICK  185 AZALEA AVE DAYTON, 37321  Age at Arrest: 32 years old Arresting Agency: Hamilton County THEFT OF PROPERTY UNDER ... (click for more)

An Extra Helping Of Gratitude

After being thankful for the grace of God, my family and good health, this year I have an extra helping of gratitude to live in a special place called Chattanooga.   We endured the trauma of terrorism on July 16 and emerged more united and stronger than ever before.  We claim our heritage and celebrate our diversity like no other city in America.  We honor our ... (click for more)

Why I Am Thankful, 2015

I can’t really remember when I first started this – sometime in the 1970s – but my favorite column every year comes during Thanksgiving when I literally pause and use my fingers to thank God for all His richest blessings. The year 2015 has been bountiful so here are just a few of the things I will carry in my heart as I take my place at today’s table: I AM THANKFUL that tomorrow, ... (click for more)

Joseph Goetz Outruns Alan Outlaw For Turkey Trot Title

It wasn’t as cold as it’s been in years past, but the temperature and overall conditions for the 2015 running of the Turkey Trot 8K at the Sports Barn East were almost perfect. Another record crowd showed up for what has become a popular Thanksgiving Day tradition.   And has always been the case, there were a lot of people out there smiling and happy, demonstrating their ... (click for more)

Jones Thankful For Resiliency, Resolve Of 2015 Vols

The day before families gather around the table to celebrate Thanksgiving, Tennessee football coach   spoke about what he and the Vols are thankful for. "It's a time to reflect and we have so much to be thankful and grateful for in really the resiliency and resolve that this football team has shown, the growing of this football team and the growing of this football program," ... (click for more)