Immigrant Rights Group Sues Tennessee Department Of Safety Over Footage From “Egregious” Nashville Immigration Arrests

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The Tennessee Conservative [By Olivia Lupia] –

The Tennessee Immigrant & Refugee Rights Coalition (TIRRC) is suing the Tennessee Department of Safety and Homeland Security to demand footage be released from immigration enforcement operations and arrests from earlier this year, declaring the department violated constitutional rights while performing these enforcement activities.

Earlier this summer, ICE and the Tennessee Highway Patrol (THP) conducted a multi-agency operation focused on Nashville and surrounding areas including Davidson, Rutherford, and Robertson counties.

Now dubbed “Operation Flood the Zone”, the joint effort resulted in nearly 600 traffic stops and the arrests of almost 200 illegal aliens with criminal histories, including convicted sex offenders, murderers, and several members of foreign terrorist gangs.

In their suit, TIRRC is claiming THP, which is under the purview of the Tennessee Department of Safety, has withheld public records, including video footage, pertaining to their interactions with those detained during the operation back in May. 

The suit states the organization has been pursuing the records to “shed light on the THP’s dubious efforts to use its state powers to enforce federal civil immigration laws” and that the Department of Safety is in violation of the state’s Public Records Act.

While acknowledging they have been provided with some records, TIRRC asserts the Department of Safety has “failed to respond meaningfully” to their requests for additional queries. “Although it [the Department] produced some records, it has implausibly denied the existence of others, has redacted some groundlessly, and has delayed its production of video footage to the point of denial,” the suit reads.

One example TIRRC cites is a request for video from the traffic stop and detention of Juana Santizo-Tadeo, who the organization is propping up as an example of “widespread” and “egregious” constitutional violations during the May operation. Tadeo was scheduled for an August 18 immigration hearing, likely meaning she is in the country illegally, and TIRRC claims the footage of her arrest is vital to her immigration proceedings.

Reportedly, Tadeo’s attorney, a professor working pro bono from the UC Law San Francisco Immigrants’ Right Clinic, initially requested the footage on June 11. TIRRC received notice from the Department of Safety on July 22 that the relevant footage had been located and was asked for a $161 payment to produce it. 

Requesting “reasonable” payment is allowable under the Public Records Act to cover the time and costs of locating, processing, and appropriately redacting the files, or files can be obtained for no cost if petitioners simply wish to view records without making copies. 

On August 1, the department apparently acknowledged receipt of payment for the footage but stated it would take until Sept. 24 to produce it or make a determination on its “accessibility or availability.” TIRRC claims the delay is an “unwarranted and consequently a willful violation” of the public records act. 

Per the suit, the Department has continually notified TIRRC that it will be taking more time to respond to their requests, as the organization has requested more than 50 hours of footage, all of which must be properly located, processed, redacted, and made available in the proper formats.

In admonishing the department for its inability to expedite Tadeo’s footage, TIRRC even acknowledges the Department of Safety’s communications which state the records would not likely not be ready by the court date as “your [TIRRC] videos currently have 40 requests received prior that are in queue for video redactions.”

TIRRC Executive Director Lisa Sherman Luna said about the lawsuit, “It’s not only our legal right, but also our duty as an organization that prioritizes the rights of immigrants and refugees across the state of Tennessee that we hold leaders accountable when they harm our neighbors and then limit access to public records about their conduct.”

Though directed at Tennessee’s Department of Safety, the lawsuit could face scrutiny as it may be possible certain records requested by TIRRC are not accessible or available. THP attested their role in the operation was the traffic stops, not the immigration detentions, which fell under the discretion of ICE, a department that does not fall under the state’s open records act as a federal agency.

Redaction under the state policy is also somewhat subjective and is determined by substance relevant to the record request, and depending on the circumstances or context, criminal investigations and prosecutions are allowable exceptions to the records act, also potentially offering justification for any delays by the Department of Safety to respond to the requests.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.