ICE Dropped Plans to Release Immigrants Into Tennessee After State’s Pushback, AG Says

An Immigration and Customs Enforcement agent detains an illegal immigrant in a file photograph. John Moore/Getty Images

Tennessee Attorney General Jonathan Skrmetti says newly obtained documents from U.S. Immigration and Customs Enforcement (ICE) reveal that the agency abandoned plans to release detained migrants, including those with criminal convictions, into the state after pushback from lawmakers and litigation filed by the state.

The 384 pages of documents, released by the state on Wednesday, show that ICE was in the planning stages of releasing detainees from its Louisiana facilities into Tennessee.

Among the detainees were more than 30 individuals with serious criminal convictions, including crimes ranging from homicide and sexual assault to armed robbery and drug trafficking, according to the press release and documents reviewed by The Epoch Times.

Although the release plan was not followed through, the AG said in an Oct. 23 statement that the records show that over 7,000 detainees—including individuals with violent criminal records—were released directly from nearby Louisiana facilities during that time.

“The federal government’s single most important job is to keep dangerous people out of our country, and instead, it has let killers and rapists illegally cross our border and walk free on our streets,” Skrmetti said in a press release. “While the urgent work to fix our broken immigration system continues in Washington, my Office will keep fighting for transparency and accountability.”

Coordination With Local Groups

According to the documents, ICE had coordinated with local immigration rights groups and officials in Nashville to arrange the release of these detained migrants.

Specifically, ICE was working with the Tennessee Immigration and Refugee Rights Coalition (TIRRC), an immigration advocacy group, to assist with hotel accommodations and onward movement of immigrants.

TIRRC, at the time, responded to reports in a social media post that the Department of Homeland Security had listened to “what local organizations and communities have been demanding.”

“DHS took steps to provide more transparency and better coordination to get folks home for the holidays,” the organization wrote on Twitter at the time. “We cannot allow for disinformation, fear, and partisanship to dictate how we treat other human beings. Shame on Gov. Bill Lee’s office for not showing Tennessee’s values of family, integrity, and welcoming others.”

The organization said it, along with other Tennesseans, local organizations, and faith communities, was “ready to rise to the opportunity by leading with values and welcoming with dignity” at the time.

An email dated Dec. 7, 2022, from Joshua Jack, Deputy Field Office Director of ICE New Orleans, recapped a meeting with the Nashville NGO and local government officials from the Nashville Mayor’s Office.

The discussion covered concerns such as the number of detainees to be released, their status, resources, and funding, and why Nashville was chosen as the release location, according to the email.

The Tennessee governor and U.S. Sens. Marsha Blackburn (R-Tenn.) and Bill Hagerty (R-Tenn.) responded to the reports at the time, expressing concerns over public safety and the state’s role in pushing back against federal immigration policies.

Lee said that the federal government lacked transparency and that the plans were “requiring Tennesseans to pay the price” for failures at the border.

Blackburn also criticized ICE’s lack of communication with state officials at the time.

“ICE can respond to media requests about trafficking illegal immigrants to Tennessee but won’t get back to us with information about who they are dropping off in our state,” she said.

In a letter to ICE Acting Director Tae Johnson, dated Dec. 20, 2022, Blackburn and Hagerty expressed their concerns about reported plans to bus illegal immigrants to Tennessee without proper notice or coordination.

“Given the previous instances of ICE busing immigrants to Tennessee without notice, we are very troubled by these new reports and request that you provide more information about this situation,” the senators wrote.

An email dated Dec. 13, 2022, mentions a tentative meeting scheduled for January 2023 with the governor’s team and the Commissioner of the Safety and Homeland Security Department of Tennessee to receive a briefing from ICE officials.

ICE’s Response

In response to concerns raised by Tennessee officials, an ICE spokesperson told The Epoch Times in December 2022 that the agency had not yet transported any noncitizens for release into Tennessee but was in communication with relevant nongovernmental organizations in Nashville that had volunteered to assist.

“Noncitizens apprehended and determined to need custodial supervision are placed in detention facilities, and those released from secure custody are part of ICE’s Enforcement and Removal Operations (ERO) non-detained docket,” the ICE spokesperson said in an email. “ERO officers weigh a variety of factors when making general custody determinations, including criminal record, immigration history, community ties, flight risk, and whether the individual poses a potential threat to public safety.”

The spokesperson added that noncitizens placed on ICE’s non-detained docket were enrolled in the agency’s Alternatives to Detention (ATD) program, which uses technology, case management, and other tools to manage compliance with their release conditions.

ICE emphasized that Customs and Border Protection (CBP) screens and vets all illegal immigrants encountered at the border against public safety databases, detaining any who may pose a threat to national security or public safety. The agency stated that those released pending court proceedings must provide an address and “follow strict reporting requirements.”

As of now, Tennessee officials continue to express concerns over the possibility of similar actions in the future while acknowledging that ICE has, for the time being, backed off its plans to release these detainees into the state.

Neither TIRRC nor the offices of Lee and Hagerty responded to The Epoch Times’ request for comment on the Attorney General’s claims and information release prior to publication. Blackburn’s office said they would respond to The Epoch Times with a statement and had not done so prior to publication.

ICE acknowledged receipt of The Epoch Times’ request for comment and said they were “looking into” the matter.