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UT professor and AKIN activist sues Knox sheriff for records on 287(g) deal with ICE

Matt Lakin
Knoxville

A University of Tennessee professor has sued the Knox County Sheriff's Office for records on its cooperation with federal immigration agents — the only program of its kind in the state.

The lawsuit, filed last week in Chancery Court under the state Sunshine Law, seeks a variety of records on the sheriff's work with the U.S. Bureau of Immigration and Customs Enforcement, including details on inmates held for ICE.

The agreement under ICE's 287(g) program trains local officers to enforce federal immigration laws. Critics say the program promotes racial profiling and encourages violations of civil rights.

Abby Wintker, of Knoxville, holds a sign at a rally organized by AKIN against the Knox County Sheriff's Department's participation in 287(g) outside of the City County Building in Knoxville, Tennessee on April 4.

Story of the lawsuit

Meghan Conley, a professor of sociology at the University of Tennessee, began requesting records on the 287(g) program in Knox County as early as August 2017, according to the lawsuit, under the previous sheriff, Jimmy "J.J." Jones. Conley's recent studies have focused on immigration enforcement in the American South, with a book in the works. She also serves as co-director of Allies of Knoxville's Immigrant Neighbors, a group that advocates for immigrant rights and has organized protests against the 287(g) agreement.

"My data indicate that the vast majority of local immigrants who are processed for ICE in the Knox County jail are arrested on relatively minor charges, including driving without a license and other nonviolent offenses," Conley said. "However, without full access to public records, it's difficult to determine the precise extent to which (the sheriff's) participation in these programs affects Knox County and its immigrant residents. This impedes our collective understanding of how these programs impact our community."

Most of Conley's requests were met with denials, often with little or no legal justification provided, according to the lawsuit. Those denials continued under the current sheriff, Tom Spangler, Conley said.

Tennessee's Public Records Act declares all government records open, with certain exemptions that agencies must cite if denying a request.

Meghan Conley is a member of Allies of Knoxville’s Immigrant Neighbors.

The denials ranged from technical arguments over wording of requests to contradictory statements on whether records existed, according to the lawsuit. KCSO spokeswoman Kimberly Glenn didn't comment on the lawsuit Wednesday.

"For whatever reason, (the) KCSO does not want Professor Conley to access its 287(g) records," attorney Andrew Fels wrote. "For almost two years, (the) KCSO ... has flagrantly abused its authority by effectively stonewalling Professor Conley's requests in increasingly bizarre and Kafkaesque ways . ... What meager justifications (the) KCSO provides are specious and unsupported by the statute or existing case law."

The lawsuit asks a judge to force the release of the records and place the KCSO under a court order to comply with all future requests.

"Professor Conley's Public Records Act rights have been violated countless times over the course of nearly two years, but we are confident that Sheriff Spangler will correct the illegal policies inherited from prior administrations," Fels said.

Protection or profiling?

Conley's lawsuit marks the latest chapter in the controversy over the local 287(g) program. The sheriff has defended the program as boosting community safety and insists deputies aren't rounding people up on immigration charges.

The program allows local authorities, usually corrections officers, to screen jailed immigrants, determine their legal status and hold inmates for ICE pending deportation proceedings. Such agreements speed up processing times and reduce transports for inmates, according to ICE.

Knox County Sheriff Tom Spangler.

A separate agreement pays the county $67 per ICE inmate per day. The number of ICE inmates in Knox County spiked afterward as the county became a hub for detainees from surrounding counties, according to ICE officials.

AKIN members and others argue the program adds to the burden of an already overcrowded jail. The sheriff has sought funding to expand the jail, a figure that could range as high as $40 million.