Nashville’s sheriff says he’s exempt from bill lawmakers passed mandating agreements with ICE

The Tennessee Legislature passed a measure requiring every sheriff in the state to enter an agreement with the federal government to enforce immigration law, but the leader of one of the state’s largest departments is disputing whether it applies to him.

Nashville-Davidson County Sheriff Daron Hall, who oversees 1,000 employees and five jails, said that a legal review of the legislation by city attorneys determined Nashville is exempt. Gov. Bill Lee is expected to sign the legislation into law. 

“Metro Legal advised me (that) the newly passed legislation regarding immigration enforcement does not apply to the Davidson County Sheriff’s Office,” Hall said in an emailed statement. 

Hall noted his department cooperates with federal immigration officials on an ongoing basis. In the past 12 months, 632 individuals arrested on local criminal charges were transferred from Nashville jails into ICE custody, he said.

Language added to the legislation late in the bill-making process requires all sheriffs certified with the Tennessee Peace Officer Standards and Training Commission, or POST Commission, to enter so-called 287(g) agreements with the federal government to enforce immigration law.

Hall is not POST-certified, a designation typically sought by officers engaged in law enforcement and leaders of law enforcement agencies. The Nashville-Davidson County Sheriff’s Department is primarily responsible for operating the county’s jails and serving warrants — it does not have law enforcement duties.

Wally Dietz, director of the Nashville Metro Legal Department, said some Tennessee sheriffs handle law enforcement for local government and so must be POST certified. But that’s not the case in Davidson County. 

“Sheriff Hall is not POST certified, so the new law does not apply to him,” Dietz said. 

The Nashville-Davidson County sheriff is unique among the state’s 95 sheriffs in not being required to have the certification, according to the Department of Commerce and Insurance which oversees the state’s POST Commission. 

Nashville’s interpretation of the legislation potentially tees up another conflict between the state’s Republican leaders and Nashville officials, who have long been at odds over issues ranging from immigration enforcement to redistricting, and state efforts to exert control over local boards. 

The legislation’s Republican sponsor, Sen. Jack Johnson of Franklin, said in an emailed statement that the bill “is intended to apply to all Tennessee county law enforcement and sheriff’s agencies, though questions regarding implementation or legal interpretation should be addressed by the appropriate legal authorities.”

About half of all Tennessee sheriff departments have entered into 287(g) agreements in President Donald Trump’s second term, with some signing onto more than one type of agreement. 

Immigration and Customs Enforcement agreements range from jailhouse cooperation allowing sheriffs to check inmate immigration status to more robust “task force” models in which local officers make immigration arrests. 

Sponsored in the Tennessee House by Republican Rep. Johnny Garrett of Goodlettsville, the measure requires sheriffs to enter into any one of the four agreement models. Garrett did not respond to a message seeking comment left with the Tennessee House Republican Caucus.