Red state judges could be ousted for not cooperating with ICE under new law

Gov. Bill Lee has signed into law a measure to punish judges in Tennessee who do not cooperate with federal immigration authorities.

The legislation, brought by Rep. Rick Scarbrough of Oak Ridge and Sen. Paul Rose of Covington — both Republicans — instructs each court to cooperate with the U.S. Department of Homeland Security and federal immigration authorities, including Immigration and Customs Enforcement.

Under the new law, a judge who “obstructs lawful operations” by these officials may now be referred to the state’s judicial oversight board for misconduct proceedings and, ultimately, removed from office, the legislation says.

The legislation does not define what actions taken by a judge would be considered obstructive and the bill’s sponsors skirted questions during the legislative session about whether the legislation was brought to address an identified problem.

“I can’t speak to a specific event, but I’d like to consider here that this is a proactive bill,” Scarbrough said. “Nothing is more disruptive or embarrassing for any kind of agency than when you find you don’t have a policy to address a certain situation that has occurred…when those policies are nonexistent your practice becomes a policy.”

ICE agents in recent months have made periodic mass arrests of individuals showing up to answer summons’ for traffic and misdemeanor citations in Roberton and Wilson County. County court officials have declined to respond to questions by the Tennessee Lookout in the wake of these arrests about any agreements or cooperation between judges and immigration officials to secure the arrests.

A spokesperson for the Administrative Office of the Courts, which manages state court operations and often speaks on behalf of the Tennessee judicial system, declined to comment on the legislation.

The bill hit a roadblock late in the legislative session when the Tennessee Senate tried to soften the language. Ultimately, a compromise creating a Feb, 1 2029 expiration date for the law, secured its passage.