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 http://www.tncourts.gov/sites/default/files/renteria-villegasdanielopn.pdf   



Top Hamilton County School Salaries 2017

Here are the top salaries at the Hamilton County Schools for central office personnel and principals: (click for more)

Get Emailed Headlines From Chattanoogan.com; Like Us On Facebook, Twitter For Instant News

We send out headlines each day of the latest Chattanooga news.  Our news headlines have links that take you to the stories with a click. We also send out special emails if there is a highly significant local news story breaking so you will be aware of it quickly. To be added to the email headline list, just email us at news@chattanoogan.com In addition, like us ... (click for more)

October Is Breast Cancer Awareness Month: Myth And Fact Check

My husband and I recently had the privilege of participating in the American Cancer Society’s Making Strides Against Breast Cancer Walk in Chattanooga. I listened as my husband told the audience about how his mother was diagnosed with breast cancer when he was nine and how she died from the disease when he was fourteen. As a child, my husband didn’t understand what breast cancer ... (click for more)

Roy Exum: Evil This Way Comes

There is a line in Act IV of William Shakespeare's Macbeth, as some of the 20,000 students at Middle Tennessee State are taught, that reads: "By the pricking of my thumbs / Something wicked this way comes." The professors explain that in the 16 th century the “pricking of thumbs” meant an intuition of evil about to happen and every student at MTSU knows several white supremacy ... (click for more)

Mocs Mueller Nets Game Winner In 1-0 Soccer Win

Jordan Mueller picked up her own pass and pushed a shot into an empty net to give Chattanooga 1-0 Southern Conference women’s soccer win over Wofford on Senior Day at Finley Stadium on a cloudy Sunday afternoon.   “Pure grit by Jordan Mueller,” Chattanooga head coach Gavin McKinney said. “She is a gritty, tough, hardworking kid and it showed for the goal. She went and pressed ... (click for more)

Top-Ranked Alabama Smashes Tennessee 45-7

(This story has been updated) Tennessee, a 34-point underdog in one of college football’s better long-running series, stayed close for one quarter before top-ranked Alabama switched to another gear and pummeled the struggling Vols, 45-7, Saturday at Bryant-Denny Stadium in Tuscaloosa. The rock-ribbed Crimson Tide defense locked down Tennessee’s ground game, hounded quarterback ... (click for more)