An amendment that would have removed a provision creating a Class E felony for Tennessee elected officials to vote for sanctuary cities spurred a raucous debate between two Republican senators from the same county.
The provision is part of the sweeping immigration bill proposed by Tennessee Gov. Bill Lee that includes the creation of the Centralized Immigration Enforcement Division, which would work with the Trump administration. The new office would cost taxpayers $500,000 for a director and staff. The governor would appoint the director.
Sen. Todd Gardenhire, R-Chattanooga, proposed an amendment to a Senate Bill 2006 that would remove the criminal penalty from the bill during a meeting of the Senate Judiciary Committee, which he chairs.
“This basically deletes any reference to a criminal penalty for an elected official voting their conscience on any bill, anywhere,” Gardenhire said. “It could be gun rights, it could be abortion rights. It could be any rights that an elected official feels that they should represent their district that they are elected to. We are a republic. And a republic is one that you elect people to vote the way they feel like is the best for the district, city, county or state.”
Sen. Bo Watson, R-Hixson, who presented the bill to the committee, called it an “offensive amendment.” Chattanooga and Hixson are in Hamilton County.
Elizabeth Insogna, a legislative attorney, told the panel that elected officials generally have immunity for acts that serve part of the legislative function.
“It’s possible that a criminal provision that is enforced against a member of a local legislative body may be constitutionally suspect,” Insogna told the committee.
Sen. London Lamar, D-Memphis, asked why a criminal penalty was needed.
“Why are we criminally charging elected officials for taking political positions?” Lamar said.
Sanctuary cities are illegal in Tennessee. Watson said the penalty holds people accountable for violating the law.
Gardenhire’s amendment failed, with only Gardenhire, Lamar, and Sen. Heidi Campbell, D-Nashville, voting in favor of it.
The trio also voted against the bill as it moved out of committee. The bill now goes to the Senate State and Local Government Committee.
Immigration is part of the special session called by Lee to also address school choice and hurricane relief. Bills are quickly passing out of committees in anticipation of floor votes late Wednesday or Thursday.
