TN AG Files Complaint against DHS and ICE

For Failure to Produce Requested Documents Regarding Their Plans to Release Immigrant Detainees into Tennessee

The Tennessee Attorney General’s Office filed a complaint against the Department of Homeland Security (“DHS”) and the United States Immigration and Customs Enforcement (“ICE”). The complaint raises claims under the Freedom of Information Act (“FOIA”) stemming from Defendants’ failure to produce documents regarding the release of immigrant detainees into Tennessee.

“Tennesseans have a right to know what the federal government is doing in Tennessee. ICE’s rejection of transparency is all the more troubling because of the humanitarian crisis resulting from ICE’s misdirected priorities,” said Attorney General Jonathan Skrmetti. “No federal official is exempt from public accountability.”

In late 2022, Tennessee learned that ICE planned to transport potentially thousands of single adult noncitizen detainees from ICE detention facilities in Louisiana and release them into Tennessee pending final removal proceedings. ICE officials, the State learned, had been cooperating with Tennessee-based organizations and municipal employees to carry out the release plan.

Tennessee subsequently submitted a series of FOIA requests to ICE seeking records and third-party communications about the Biden Administration’s plan and any detainee releases into Tennessee. However, ICE has not produced a single document.

Tennessee had no choice but to file suit so that the people of Tennessee can learn the scope of detainee releases and evaluate the resources necessary to respond.

You may read the complaint in its entirety here.