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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 ke8SC0 8, SMI, J ADMINISTRATION BUELL Noh Min Sree Se 5+ elas I Fas S-999-9198 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