Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
On the final day of the 2026 legislative session, the Senate passed a bill mandating all Tennessee Sheriff’s departments participate in the federal 287(g) immigration enforcement program which will now become law as it has passed both chambers of the General Assembly.
SB2223 by Sen. Jack Johnson stipulates that Sheriffs must participate in the 287(g) program under one of its three models and provides a statewide procedure for handling detainees awaiting transfer to federal custody.
Sheriff’s departments can choose between the 287(g) program’s Jail Enforcement Model, Warrant Service Officer Model, or Task Force Model which allows certified officers to identify and process removable aliens, place immigration detainers and initiate removal proceedings, and ensure transfer to ICE depending on which model the department enters.
Agencies that do not enter into the agreement could have state funds withheld. The bill would not apply to constables as they are separately authorized officers under Tennessee law, and participation by municipal police departments remains optional.
Democrat Sen. Jeff Yarbro proposed an amendment on the Senate floor which would require the state to reimburse each county that enters the 287(g) agreement for any “costs and liabilities incurred” in implementing the program and “in enforcing federal law” under the bill.
“As the body knows, we adopted an incentive program [last year]. After that incentive program, a significant number of our counties did, in fact, enter into such agreements, but more than 40 of them did not, largely because of the unavoidable expenditures that come with that. There will be a cost, an annual cost, to our counties in complying with this, regardless of which type of 287(g) agreement that they adopt,” Yarbro said. “At the end of the day, this is fundamentally an unfunded mandate. We are requiring all of our counties to comply with something that is a costly endeavor every year going forward, and we have made no commitment to actually be part of that annual funding that was required to take on that expense in the years ahead.”
In reply, Sen. Johnson reminded the body that the state already set aside $5 million for any law enforcement departments under the state’s incentive program last year and that only $160,000 of that fund had been requested by Tennessee Sheriffs thus far despite over 50 departments joining the program.
Johnson attributes this to be the case largely because entering 287(g) also brings with it federal incentives, training, and money which in many cases has proven to be enough to cover any expenses the Sheriff’s departments may incur. And he reiterated that the nearly $4.8 million remains available to offset any other unexpected costs to departments in the program with the option for the legislature to appropriate more money down the line if needed.
Upon Johnson’s explanation, the amendment was tabled and after more back and forth between Democrats, who objected to the bill and immigration enforcement actions in general, and Republicans in support of the bill on its merits of community safety, the vote was ultimately 22-7 in favor of passage. Republicans Todd Gardenhire and Page Walley joined Senate Democrats in voting against the bill.
Companion bill HB2219 by Rep. Johnny Garrett passed the House earlier this week during a heated floor session and as the Senate conformed to the same language it can now proceed to the Governor for signature into law.
Once signed, the legislation will take effect immediately, giving Sheriff’s departments until January 1, 2027, to enter the program.
But the requirement will terminate on February 1, 2029, when lawmakers will reexamine the provision and decide whether they wish to continue mandating the program or make changes to how it is administered.
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.
