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Yahoo
18-03-2025
- Politics
- Yahoo
Amendment stripping right to bail for some felonies closer to Tennessee voters' ballots
A proposed constitutional amendment that would allow judges to deny bail for certain crimes passed the Tennessee Senate. (Photo: John Partipilo/Tennessee Lookout) A proposed amendment to Tennessee's constitution that would strip people charged with certain crimes of their right to bail is one step closer to landing on voters' next gubernatorial ballot. The Tennessee Senate approved a resolution 23-6 to pose the matter to voters. The amendment still needs approval from two-thirds of the House to be placed on the Nov. 3, 2026 ballot. The amendment would then require a majority vote from those participating in the gubernatorial election to become law. The resolution, sponsored by Franklin Republican Sen. Jack Johnson, would remove a defendant's right to pretrial bail 'when the proof is evident or the presumption great' for 73 felony crimes. Such crimes include second-degree murder, acts of terrorism, aggravated rape of a child, vehicular homicide, aggravated burglary, and the third felony offense of manufacture, sale or delivery of a controlled substance, among others for which those convicted must serve at least 85% of their sentence in Tennessee. Those who voted against the resolution warned that should the amendment ultimately be approved by voters, it will be costly in terms of both individual liberty and funding for incarceration. Senate Judiciary Chair Todd Gardenhire comes down hard on constitutional bail bill Tennessee's constitution currently enshrines the right to bail for all prisoners except for capital offenses (functionally, first degree murder, according to Johnson). But judges do have authority to set prohibitively high bail for serious crimes. 'Currently dangerous criminals with financial resources can buy their way out of jail, while indigent defendants accused of lesser crimes remain detained simply because they cannot afford bail,' Johnson said Monday. The proposed amendment 'does not eliminate bail,' Johnson said, but gives judges discretion to hold defendants pretrial for 'heinous crimes.' Language requiring evident proof of guilt and great presumption protects against misuse of judicial discretion, Johnson said, pointing to other states with preventative detention laws as examples. Sen. Jeff Yarbro, a Nashville Democrat, disagreed. Other states' changes to pretrial detention were not so broad, he said, and pretrial detention without bail under federal law is part of a lengthier, more complicated pretrial process than what Tennessee currently has in place. '(The proposed amendment) doesn't say that bail may be denied, it says there's no right to bail in those circumstances,' Yarbro said. Johnson City Republican Sen. Rusty Crowe and Tullahoma Republican Sen. Janice Bowling flipped their votes Monday, allowing the resolution to narrowly exceed the 22-vote threshold it needed to pass. They said they concluded voters should have the opportunity to decide. Sen. Todd Gardenhire, a Chattanooga Republican, said he did not object to the premise of the proposal, but the cost of implementation was never fully addressed. This concern was echoed by members of the Senate's Democratic caucus. Memphis Democratic Sen. London Lamar said the cost of high incarceration is already straining government resources, and increased property taxes would likely result if voters approve the amendment. 'The ability to access bail is one of the fundamental rights that we give citizens in this state, because of the understanding you are innocent until proven guilty,' she said. Lamar added that the ballot would not list all 73 of the crimes for which a person could be held without bail under this amendment. Giving judges discretion, she said, would also result in inequity based on where a defendant lives. A judge in one district may decide to take bail off the table for certain crimes, but a judge in another district may continue to set pretrial release on bail. 'It's a disservice to the voters who will be voting on this piece of legislation because it's not telling them the accurate cost and the consequences,' Lamar said. Nashville Democratic Sen. Heidi Campbell voiced concern about the potential change paired with the 'ambiguous nature' of the state's definition of terrorism: 'the unlawful use of force or violence against persons or property to intimidate or coerce government.' Yarbro said that the language addressing bail in Tennessee's constitution is drawn from the example of North Carolina and Pennsylvania, home to people who were held by the British government due to their religious beliefs. 'It was fundamental to what they thought government could and couldn't do to say that the say-so of … a judge and a prosecutor isn't enough for someone to give up their liberty,' he said. In response to his colleagues' concerns, Johnson contended that the proposed amendment isn't anticipated to result in many more people being denied bail and incarcerated pretrial. But even if it did cause incarceration to spike and costs to rise with it, 'our number one job up here is public safety,' he said. The proposed amendment has seen support from the Tennessee Sheriff's Association and the Tennessee District Attorney Generals Conference. Tenth District Attorney General Stephen Crump — also the conference's executive director — told the Senate Judiciary Committee in February that 'Tennessee's district attorneys believe this is the singular most important bill to public safety' in the last 11 years. Johnson said if the state ends up needing to appropriate more money to 'empower our partners in law enforcement, the district attorneys and our judicial system, with the tools they need,' so be it. 'We're not going to amend our constitution today,' he said. 'We're going to let our constituents, the people of Tennessee, decide if they want our judges to be empowered to see these most violent people off the streets when they're convicted — or rather, when they're charged — with a crime, pretrial.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
12-02-2025
- Politics
- Yahoo
Tennessee Republican bashes immigrant education bill
Sen. Todd Gardenhire, a Chattanooga Republican, is slamming a bill by a fellow GOP senator to overturn a Supreme Court ruling allowing children without permanent legal status to get public education. (Photo: John Partipilo) Tennessee Republicans are bucking for a Supreme Court showdown to end the constitutional requirement for public schools to teach every child regardless of their immigration status. But at least one member of the majority party says lawmakers are operating out of 'fear' that they'll run into primary opposition next year if they don't vote for a bill allowing school districts to opt out of serving immigrant children without permanent legal status. 'There's an old saying on Wall Street: When the ducks are quacking, you feed 'em,' said Sen. Todd Gardenhire, chairman of the Senate Judiciary Committee. 'And the hysteria of anti-Hispanics is running rampant right now, and the ducks are quacking, so this bill is designed to satisfy the ducks and feed 'em what they want to eat.' House Bill 793, which is sponsored by House Majority Leader William Lamberth of Portland and Sen. Bo Watson of Hixson, is being sold as a method to challenge Plyler v. Doe, a precedent-setting 1982 U.S. Supreme Court case. Lamberth and Watson also say passing it is important to keep local school boards from taking on the burden of educating immigrant students. Watson said the bill is designed to build on action taken during the legislature's recent special session at the request of President Donald Trump. Lawmakers approved $5.5 million two weeks ago to set up a bureau within the Department of Safety and Homeland Security that would work with federal and local law enforcement on deportation of immigrants without permanent legal status. Nearly all of the money will go toward grants to train local law enforcement agencies on handling immigrants without legal status. Lamberth defended the bill by saying the nation has been inundated with immigrants compared with the early 1980s when the Supreme Court case was decided. 'Those illegal immigrants are not going to be able to benefit from the services reserved for legal immigrants or U.S. citizens, period,' he said. 'If they don't like that, they can go to some state that's a sanctuary state.' House Speaker Cameron Sexton supports the bill, saying local school districts are having trouble handling a large number of immigrant students who either speak English as a second language or leave school during different times of the year based on their parents' jobs. 'It's detrimental to everything we're trying to achieve in the school system,' Sexton said. In addition to creating the immigration enforcement bureau, which will be able to operate confidentially, lawmakers excluded students without permanent legal status from the governor's private-school voucher bill during the special session. Those illegal immigrants are not going to be able to benefit from the services reserved for legal immigrants or U.S. citizens, period. – House Majority Leader William Lamberth The move drew opposition from first-term Rep. Gabby Salinas of Memphis, who migrated to America from Bolivia when she was 7. She said the bill is unconstitutional and goes against the 'international standard' for educating all children, putting Tennessee on par with countries that engage in child labor and child abuse. 'For us to be leaders at the global stage and to be engaging in such practices, it's cruel, it's inhumane, and it's heartless,' Salinas said. Even though the bill targets children without permanent legal status, Salinas said it could affect other children who are friends, classmates and neighbors. She predicted a 'catastrophic' loss of revenue if the measure passes and eventually becomes law. 'If the human cost is not enough, look at the numbers and financial cost,' she said, noting immigrants contribute heavily to the state and national economy. The American Immigration Council reported that 383,800 immigrant residents in Tennessee had more than $11 billion in spending power in 2022 and paid $3.2 billion in taxes. It didn't delineate immigrants without permanent legal status. The Migration Policy Institute estimated 128,000 immigrants without legal status live in Tennessee, and 10,000 of those are enrolled in public schools, according to a House Republican Caucus release. Lamberth said communities across the state shouldn't be forced to pay for the federal government's failure to secure the country's borders. 'Our obligation is to ensure a high-quality education for legal residents first,' Lamberth said. Despite the claims that immigrant children put a burden on local school districts, J.C. Bowman, executive director of Professional Educators of Tennessee, said he doesn't hear complaints from teachers. The main problem, he said, is that immigrant children are required to be tested as soon as they transfer into a school district. 'The major issue was technology,' Bowman said. He added that the state has a shortage of teachers for English as a second language. House Bill 793 has not been scheduled to be heard in a House or Senate committee. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
30-01-2025
- Politics
- Yahoo
Tennessee Senate passes controversial immigration bill that some call unconstitutional
NASHVILLE, Tenn. (WKRN) — In a 26-7 vote, state senators approved SB6002 Wednesday, which will create criminal penalties (Class E felony) for officials who adopt sanctuary policies. According to the bill's text, officials can also be removed upon conviction. In addition, the bill requires the Department of Public Safety to issue lawful permanent residents a temporary driver's license instead of a standard license. The temporary license will reportedly be used to help determine voter eligibility for someone who presents a Tennessee driver's license as identification. VIDEO: Tennessee troopers carry women out of hearing as lawmakers debate immigration State Sen. Todd Gardenhire (R-Chattanooga) was the only Republican to vote against the bill. State Rep. Justin Jones (D-Nashville) spoke during the hearing. He said he believes the bill is unconstitutional and restricts lawmakers' ability to represent their constituents. 'Now this is the only time we are going to have a Tennessee law that says if you vote in the affirmative, you will be charged with a felony,' said Jones. Jones went on to compare the bill to 1689 English Bill of Rights, which he said was the British monarchy using legal measures to intimidate and punish legislators. During the hearing, Republican lawmakers discussed what they call a lawless border and need for immigration enforcement to deport undocumented criminals. ⏩ 'Not just human beings but criminal gangs come into these United States and into Tennessee,' said state Rep. Monty Fritts (R-Kingston). 'Drug trafficking and human trafficking has been increased by this lawless border condition that was allowed to exist.' As the bill was discussed, lawmakers had troopers with the Tennessee Highway Patrol (THP) remove people they considered disruptive. This bill now awaits a House vote and then if approved, Governor Bill Lee's signature. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-01-2025
- Politics
- Yahoo
Under Trump, immigration arrests at school could be a step too far for some Tennessee conservatives
High school students from across Tennessee pose on the steps of the State Capitol with Sen. Todd Gardenhire, Gov. Bill Haslam, and Rep. Mark White, all Republicans, on March 13, 2018. Brought to Nashville by the Tennessee Immigrant & Refugee Rights Coalition, the students met with lawmakers and lobbied for a bill to give them access to in-state college tuition, regardless of their immigration status. The bill did not pass. (Courtesy of the State of Tennessee) (This story was originally published by Chalkbeat. Sign up for their newsletters at Sign up for Chalkbeat Tennessee's free newsletter to keep up with statewide education policy and Memphis-Shelby County Schools. State Sen. Todd Gardenhire is a conservative Tennessee Republican who credits his anti-abortion stance and support of gun rights for his recent reelection to a fourth term. In recent years, he's fended off attempts to tighten the state's lax gun laws, pushed for a state law to curb 'implicit bias' training for educators, and supported a border crackdown to keep people from illegally crossing into the United States. But when it comes to the children of people who came to the country illegally, the Chattanooga Republican is a bit of an outlier, even as many in his party are cheering President Donald Trump's aggressive push against illegal immigration. Since taking office in 2012, Gardenhire has sponsored several bills to try to give all Tennessee students access to in-state college tuition, regardless of their immigration status. A supporter of private school vouchers, he voted 'no' on Gov. Bill Lee's limited 2019 voucher plan because he didn't like how it excluded undocumented students from participating. We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school. – Sen. Todd Gardenhire, R-Chattanooga This year, he's sponsoring a bill to exempt school-based officers from a new state law that requires law enforcement agencies to alert federal immigration authorities if they discover people are in the United States illegally. 'When you look at the Old Testament, it's clear: Scriptures say you don't punish children for what their parents did,' Gardenhire said. 'We don't need to involve our school resource officers in any enforcement policy that makes children afraid to go to school,' he added. 'School should be a safe place to learn and be educated.' Gardenhire is among some Republicans who believe that the schoolhouse door is a step too far for any measures aimed at mass deportation. It's an issue that could divide the GOP over whether to shield school communities or go all out on immigration enforcement, as Trump's administration takes steps to deliver on his campaign promises. Hours after the new president took office, the U.S. Department of Homeland Security rescinded a 30-year policy preventing immigration agents from making arrests in or near 'sensitive' areas like schools, churches, and hospitals. Instead, an agency memo instructs its agents to use 'common sense' in carrying out their duties. Depending on how it plays out, the change could affect every school in America — and shift public opinion on Trump's immigration agenda. 'This isn't just about immigrant families,' said Lisa Sherman Luna, executive director of the Tennessee Immigrant & Refugee Rights Coalition. 'It will affect students who are worried about their classmates and friends, teachers who are worried about their students, and citizens who are worried about their neighbors,' she said. Her organization believes that enforcing immigration laws by making arrests in or near schools and children would be traumatic and distracting for all students and teachers. 'I think there will be immense pushback from the public, and it could be a step too far for conservative Republicans, too,' said Sherman Luna. Nationally, an estimated 4.4 million U.S.-born children have at least one parent who is not in the country legally, and an estimated 733,000 school-age kids are undocumented themselves. In Tennessee, an estimated 12,000 school-age kids are undocumented. While most Americans say they support deporting immigrants who are in the country illegally, many are uncomfortable with using harsh measures to accomplish that goal, according to an Axios-Ipsos poll this month. For instance, most don't favor expedited removals that separate families, or deportation for immigrants who came to the U.S. illegally as children, the poll says. The Trump administration's quick moves on immigration have both the public and policymakers trying to understand the complexities of mass deportation. The new president's policies appear to be aimed at all people who are in the country illegally, not just those who commit crimes while in the U.S. This week, the Justice Department ordered U.S. attorneys to prosecute local officials who refuse to help the Trump's administration carry out the president's immigration agenda. Tennessee Gov. Bill Lee has called the legislature into a special session on Jan. 27 to take up immigration enforcement and other issues, including his statewide private school voucher proposal. This week, the Republican governor and GOP leaders unveiled a package of bills that, among other things, would appoint a state-level immigration enforcement officer and make it a crime for public officials to resist new federal and state immigration policies. Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing. – Lisa Sherman Luna, Tennessee Immigrant and Refugee Rights Coalition Advocates for immigrant families hope that conservative elected officials like Gardenhire will continue to support them on education matters in a state where Republicans hold firm control on government at most levels. The 76-year-old Gardenhire — sometimes gruff, sometimes poetic — has become an unlikely ally of one of Tennessee's most historically underserved student groups. His district includes most of urban Chattanooga, but also the rural counties of Bledsoe, Marion, and Sequatchie. 'Sen. Gardenhire is incredibly principled, and he represents an interesting district where the immigrant student population is growing,' said Sherman Luna. Ten years ago, when she was a policy director for the state's oldest coalition for immigrant rights, Sherman Luna worked with Gardenhire on the in-state tuition bill. It passed in the Senate but came up just short of the votes needed in the House. 'He's got a big heart for immigrant families,' said Sherman Luna. 'He understands not only the humanity of these children and families, but also that the success of Hamilton County depends on our ability to educate students so they can graduate and become successful contributors to their communities.' The Tennessee Sheriffs' Association supports Gardenhire's proposal to exempt school resource officers from the new law requiring law enforcement agencies to help federal authorities identify, detain, and deport people who are in the country illegally. 'The goal of a school resource officer is to keep schools safe and to build trusting relationships with students and faculty,' said Jeff Bledsoe, the association's executive director. 'Children shouldn't be afraid of their SROs.' As for Gardenhire, he's studying how the new politics of immigration might affect his bill — while also reflecting deeply on his religious, moral, and economic principles. Labeled a RINO — or Republican in name only — by far-right conservative groups, he describes himself as an old-school Reagan Republican, a 'fixer' with an independent streak. Lt. Gov. Randy McNally, in reappointing Gardenhire this month to chair the Senate's powerful judiciary committee, called him a 'strong conservative who understands the need for a tough-on-crime approach.' 'People can differ with me on these matters, and I respect that,' Gardenhire said regarding his advocacy for the children of immigrants at risk of deportation. 'I just feel called to work to educate as many children as possible, no matter who they are and what their backgrounds are, and to protect them,' Gardenhire said. 'On Judgment Day, all of us will have to answer to somebody on how we treated the little children.' Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@ Chalkbeat is a nonprofit news site covering educational change in public schools.
