Tennessee Attorney General Takes Legal Action Against DHS and ICE
Tennessee Attorney General Jonathan Skrmetti has filed a lawsuit against the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) for allegedly failing to comply with the Freedom of Information Act (FOIA). The complaint focuses on the agencies’ refusal to provide requested documents regarding the release of immigrant detainees into Tennessee, a move that drew criticism from state officials.
“Tennesseans have a right to know what the federal government is doing in Tennessee,” said Skrmetti. “ICE’s lack of transparency is particularly concerning given the humanitarian crisis caused by their misguided priorities. No federal official should be exempt from public accountability.”
The lawsuit centers around ICE’s plan to release thousands of single adult noncitizen detainees from Louisiana detention facilities into Tennessee while they await removal proceedings. Skrmetti claims that Tennessee submitted FOIA requests for records and communications related to this plan, but ICE has failed to produce any documents in response.
The complaint seeks declaratory and injunctive relief to obtain the withheld records and highlights the significant challenges posed by the influx of illegal immigrants. These challenges include straining state and local resources, impacting areas such as public education, healthcare, infrastructure, and housing. Local officials have expressed growing concerns.
“Many illegal immigrants entering communities have backgrounds of committing violent, gang-related, or drug-related offenses,” the suit claims. “States must receive transparent and accurate information about the federal government’s immigration enforcement activities and its plans to release illegal immigrants into the states.”
Tennessee asserts that transparency is crucial for challenging unlawful federal immigration policies and addressing public safety and resource issues. The attorney general’s office sees legal action as necessary 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 promptly comply with the FOIA requests. It alleges that the agencies have effectively ignored Tennessee’s requests for information regarding their publicized plan to transport adult noncitizen detainees into the state.
Tennessee Attorney General Jonathan Skrmetti. (Courtesy of Jonathan Skrmetti)
The attorney general’s office cites the national border crisis to support its argument for transparency.
The suit highlights that the federal government estimates over 100,000 noncitizens unlawfully enter the United States each month, with many going undetected. Recent immigration policies involve releasing detainees and asylum-seekers on parole pending their immigration proceedings. These policies have resulted in significant costs for states like Tennessee as they grapple with accommodating new arrivals.
Given the national backdrop, Tennessee’s lawsuit emphasizes the importance of transparency in understanding and addressing the complex challenges posed by illegal immigration.
Release Plan Made Public
In December 2022, Tennessee’s two Republican U.S. senators and Republican Governor Bill Lee demanded a response from ICE regarding its plans to transport illegal immigrants from New Orleans to the state.
Senator Marsha Blackburn expressed frustration with ICE’s lack of transparency, stating that while the agency responded to media requests about moving illegal immigrants to Tennessee, it failed to provide information about who was being dropped off in the state.
ICE confirmed that it was in communication with relevant nongovernmental organizations (NGOs) in Nashville, which volunteered to assist with the illegal immigrants. The agency anticipated that NGOs would primarily help with hotel accommodation and onward movement.
Tennessee’s senators expressed concern about the plan, which could involve transporting up to 50 single adult detained illegal immigrants to the state 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 transport illegal immigrants to Tennessee. TIRRC claims that the Department of Homeland Security has listened to demands for more transparency and better coordination from local organizations and communities.
Governor Lee also expressed concerns about the federal government’s lack of transparency and the burden it places on the state. He stated that Tennessee is being asked to pay the price for the federal government’s failures.
ICE Response at the Time
In December, ICE explained that all migrants encountered at the border are screened and vetted against public safety databases. Those who may pose a threat are detained.
The agency did not disclose the specific NGOs it was partnering with.
The governor’s office received notices from the Biden administration but did not receive further details about when, where, and how many illegal immigrants would be transported to Tennessee.
The need for transparency in N’s release of noncitizen detainees. Some potential Public Administration and Affairs related questions on this topic could be:
N to release noncitizen detainees in the state. The plan, which was made public in October 2022, revealed that ICE intended to transfer thousands of single adult noncitizen detainees from Louisiana to Tennessee while they awaited removal proceedings. This move sparked concern among state officials, who questioned the potential impact on public safety and strained resources.
Despite these concerns, ICE has allegedly failed to provide the requested documents and information regarding the release plan. Tennessee Attorney General Skrmetti argues that this lack of transparency is particularly troubling given the humanitarian crisis caused by misguided immigration priorities. The lawsuit seeks to hold the federal agencies accountable and ensure that the requested records are produced promptly.
The complaint emphasizes the challenges faced by states like Tennessee as a result of the influx of illegal immigrants. The strain on state and local resources, including public education, healthcare, infrastructure, and housing, has been significant. Local officials have expressed their growing concerns, highlighting the need for transparent and accurate information regarding the federal government’s immigration enforcement activities.
The lawsuit asserts that states have the right to receive crucial immigration-related information that affects their interests, especially when it comes to public safety and resource allocation. By compelling DHS and ICE to comply with the FOIA requests, the attorney general’s office aims to address unlawful federal immigration policies and ensure transparency in dealing with the complex challenges posed by illegal immigration.
The national border crisis serves as additional support for Tennessee’s argument for transparency. With the estimate of over 100,000 noncitizens unlawfully entering the United States each month, the issue of undetected individuals poses a significant concern. Recent immigration policies that involve releasing detainees and asylum-seekers on parole have resulted in substantial costs for states like Tennessee, which are grappling with accommodating new arrivals.
In conclusion, Tennessee Attorney General Skrmetti’s lawsuit against DHS and ICE highlights
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