Tennessee DHS sued by immigrants rights group over alleged public record violations

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NASHVILLE, Tenn. (WKRN) — An immigrants rights group is suing the Tennessee Department of Safety and Homeland Security to obtain records connected to a “public safety operation” between the Tennessee Highway Patrol and ICE.

In May, THP troopers partnered with federal agencies, including HSI and ICE, for a “public safety operation in Davidson County – in areas with a serious history of traffic crashes and suspected gang activity.”

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In the lawsuit, Tennessee Immigrant & Refugee Rights Coalition stated that the operation, dubbed “Operation Flood the Zone,” resulted in an extraordinary amount of traffic stops in neighborhoods in Antioch and South Nashville.

By May 10, THP had stopped 588 vehicles, resulting in 103 arrests of drivers or passengers for suspected immigration violations, according to the court filing.

To shed light on the THP-ICE operation, TIRRC said they began requesting public records from the Department of Safety. However, the immigrants rights group claims the agency has denied the existence of some records, redacted some groundlessly and has delayed the production of video footage.

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TIRRC-lawsuitDownload

In the lawsuit, TIRRC mentions one instance where video footage was requested for a stop on May 6, nearly 100 days ago. According to them, DHS claimed it could not locate the footage on July 11, despite having the petitioner’s name and approximate time of the stop. Then, on July 24, the agency claimed they had found the footage, but would need $161.46 to obtain a copy.

TIRRC claims the department acknowledged a receipt for the $161.46 check on Aug. 1. Days later, on Aug. 5, DHS was allegedly made aware that the petitioner would have a “critical immigration” hearing on Aug. 18 and the video would be important evidence. However, more than a week passed and the department has yet to respond, according to TIRRC.

“The Department’s delay in producing the video footage from a single traffic stop, which is important to the detainee’s immigration proceedings, is unwarranted and consequently a willful violation,” alleges the lawsuit.

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According to the filing, TIRRC is now asking the court to order DHS make the requested records available and determine if the delay/denial of records was done so purposefully.

“All Tennesseans deserve leaders who will be transparent and honest with the people they are charged with protecting. 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,” said TIRRC Executive Director Lisa Sherman Luna.

The state has not yet responded to the lawsuit. No additional information was immediately released.

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