Tennessee § 40-7-125 Verification of citizenship status of arrestees

Tennessee Statutes

§ 40-7-125 — Verification of citizenship status of arrestees

(a)When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference.

(b)As used in this section, except as provided in subsection (c), a person is "not lawfully present within the United States" if:

(1)The person cannot provide:

(A)A social security card or number that can be verified with the social security administration in accordance with federal law;

(B)A valid Tennessee driver license or photo identification license issued by the dep

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(a) When a person is arrested, booked, or confined for any period in the jail of a county or municipality, the arresting law enforcement agency and the keeper of a jail shall collaborate to verify the citizenship status of the person and the sheriff shall report the status of persons who are not lawfully present within the United States or whose status cannot be determined to the district attorneys general conference. (b) As used in this section, except as provided in subsection (c), a person is "not lawfully present within the United States" if: (1) The person cannot provide: (A) A social security card or number that can be verified with the social security administration in accordance with federal law; (B) A valid Tennessee driver license or photo identification license issued by the department of safety; (C) A permanent resident card, also known as a green card, issued by the United States citizenship and immigration services; (D) An F-1 or M-1 student visa, issued by the United States department of state; (E) A J-1 visa, issued by the United States department of state; (F) An official birth certificate issued by a state, jurisdiction, or territory of the United States or a United States government-issued certified birth certificate; (G) A valid, unexpired United States passport; (H) A certificate of citizenship (form N560 or N561); (I) A certificate of naturalization (form N550, N570, or N578); (J) A B-2 visa, issued by the United States department of state; or (K) A valid, unexpired e-passport issued by a foreign country and an Electronic System for Travel Authorization approval issued by the United States department of state through the Visa Waiver Program; or (2) The individual has been granted parole under 8 U.S.C. § 1182(d)(5) , temporary protected status, deferred action, deferred enforced departure, or similar exercise of administrative grace or prosecutorial discretion. (c) If an individual cannot produce the documentation listed in subdivision (b)(1), then a law enforcement officer or jailer may presume the individual is lawfully present in the United States based on the officer's personal knowledge of the individual. (d) The requirements of this section are in addition to the requirements in § 40-7-123 .

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