Tennessee Sues DHS and ICE for Information About Illegal Immigrants Released in State

Migrants prepare to be transported by bus to processing facilities in Yuma, Ariz., on May 18, 2023. John Fredricks/The Epoch Times

Tennessee Attorney General Jonathan Skrmetti took legal action against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) on Oct. 2, alleging a failure to comply with the Freedom of Information Act (FOIA).

The complaint centers on the failure of DHS and ICE to provide requested documents concerning the release of immigrant detainees into Tennessee, something reported in December 2022 and heavily criticized by Tennessee’s governor and two U.S. senators.

“Tennesseans have a right to know what the federal government is doing in Tennessee,” Mr. Skrmetti said in a statement. “ICE’s rejection of transparency is all the more troubling because of the humanitarian crisis resulting from ICE’s misdirected priorities. No federal official is exempt from public accountability.”

The case revolves around ICE’s plan to transport potentially thousands of single adult noncitizen detainees from detention facilities in Louisiana and release them into Tennessee while awaiting final removal proceedings.

Mr. Skrmetti said Tennessee submitted FOIA requests seeking records and communications related to this plan. Despite these requests, the attorney general’s office says ICE has not produced any documents in response.

The complaint seeks declaratory and injunctive relief to obtain the withheld records and highlights the significant challenges posed by the inflow of illegal immigrants. These challenges include straining state and local resources, impacting various areas such as public education, health care, infrastructure, and housing. These concerns have raised growing apprehension among local officials.

The Complaint

The suit (pdf), filed in the U.S. District Court for the Middle District of Tennessee, says the plan by the federal agencies poses potential public safety risks for the state.

“Public safety risks also abound, as many illegal immigrants entering communities have backgrounds of committing violent, gang-related, or drug-related offenses,” the suit claims. “It is therefore imperative that States receive transparent and accurate information regarding the federal government’s immigration enforcement activities and its plans to release illegal immigrants unfettered into the States.”

Tennessee argues that transparency is essential for challenging unlawful federal immigration policies and addressing public safety and resource issues. The attorney general’s office said legal action is seen as a necessary step to ensure that the federal government provides critical immigration-related information that affects the state’s interests.

The lawsuit aims to compel DHS and ICE to comply with the FOIA requests promptly. The lawsuit alleges that DHS and ICE have effectively ignored Tennessee’s requests for information regarding their publicized plan to transport adult noncitizen detainees into Tennessee.

Tennessee Attorney General Jonathan Skrmetti. Courtesy of Jonathan Skrmetti

The attorney general’s office uses the national border crisis to aid in their argument for transparency.

The suit states the federal government estimates that well over 100,000 noncitizens unlawfully enter the United States each month. Some are subject to federal detention, but many others enter undetected.

Furthermore, recent U.S. immigration policies have involved releasing detainees and asylum-seekers on parole pending their immigration proceedings. The attorney general’s office says border policies have resulted in significant costs for states, including Tennessee, as they face the challenges of accommodating new arrivals.

Given the national backdrop, Tennessee’s lawsuit emphasizes its stance on the importance of transparency in understanding and addressing the complex challenges posed by illegal immigration.

Release Plan Made Public

Tennessee’s two Republican U.S. senators and Republican Gov. Bill Lee demanded a response from ICE regarding its plans to transport illegal immigrants from New Orleans to the state back in December 2022.

Sen. Marsha Blackburn (R-Tenn.) expressed frustration with ICE’s lack of transparency, stating that while ICE responded to media requests, including to The Epoch Times, about moving illegal immigrants to Tennessee, the agency failed to provide information about who they were dropping off in the state.

The agency confirmed to The Epoch Times it was in communication with relevant nongovernmental organizations (NGOs) in Nashville, which volunteered to assist with illegal immigrants who may be transported to the Nashville area.

ICE’s Enforcement and Removal Operations officials anticipated that NGOs would primarily help with hotel accommodation and onward movement of the illegal immigrants.

Tennessee’s U.S. senators expressed concern about the plan, which could involve transporting as many as 50 single adult detained illegal immigrants to Tennessee at a time, possibly with multiple busloads each week.

The Tennessee Immigration and Refugee Rights Coalition (TIRRC), a progressive immigration advocacy group, is identified as the NGO working in coordination with ICE to bus illegal immigrants to Tennessee. TIRRC has claimed that the Department of Homeland Security listened to local organizations and communities’ demands for more transparency and better coordination.

Mr. Lee expressed concerns about the federal government’s lack of transparency at the time as well and the burden it places on the state. He stated that “this is something new for Tennessee” and that Tennesseans are being asked to pay the price for the federal government’s failures.

ICE Response at the Time

ICE explained to The Epoch Times in December that U.S. Customs and Border Protection screens and vets all migrants encountered at the border against public safety databases. Any migrants who may pose a threat to national security or public safety are detained.

The agency did not release information about the specific NGOs it was partnering with.

The governor’s office at the time stated that it had received notices from the Biden administration but has not received further details about when, where, and how many illegal immigrants will be transported to Tennessee.