An ordinance amending Title 6 of the Metropolitan Code of Laws prohibiting the harboring of illegal aliens and prohibiting landowners from leasing or renting dwelling units to illegal aliens.

WHEREAS, federal law requires that certain conditions be met before a person may be authorized to work or reside in this country; and

WHEREAS, unlawful workers and illegal aliens, as defined by this ordinance and federal law, do not normally meet such conditions as a matter of law when present within the area of the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, unlawful employment, the harboring of illegal aliens in dwelling units within the area of the Metropolitan Government, and crime committed by illegal aliens harm the health, safety and welfare of the lawful residents of the Metropolitan Government; and

WHEREAS, illegal immigration leads to higher crime rates, subjects our hospitals to fiscal hardship and legal residents to substandard quality of care, contributes to other burdens on public services, increasing their cost and diminishing their availability to legal residents, and diminishes our overall quality of life; and

WHEREAS, United States Code Title 8, subsection 1324(a)(1)(A) prohibits the harboring of illegal aliens; and

WHEREAS, providing housing to illegal aliens is a fundamental component of harboring; and

WHEREAS, through this ordinance, the Metropolitan County Council seeks to secure to those lawfully present in the United States and within the area of the Metropolitan Government, whether or not they are citizens of the United States, the right to live in peace free of the threat of crime, to enjoy the public services provided by this city without being burdened by the cost of providing goods, support and services to aliens unlawfully present in the United States, and to be free of the debilitating effects on their economic and social well being imposed by the influx of illegal aliens to the fullest extent that these goals can be achieved consistent with the Constitution and Laws of the United States and the State of Tennessee.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Title 6 of the Metropolitan Code of Laws is hereby amended by adding the following new Chapter 6.30 "Harboring Illegal Aliens":

6.30.010 Definitions.
When used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them herein, and shall be construed so as to be consistent with state and federal law, including federal immigration law:
A. "City" means the Metropolitan Government of Nashville and Davidson County.
B. "Illegal Alien" means an alien who is not lawfully present in the United States, according to the terms of United States Code Title 8, section 1101 et seq. The City shall not conclude that a person is an illegal alien unless and until an authorized representative of the City has verified with the federal government, pursuant to United States Code Title 8, subsection 1373(c), that the person is an alien who is not lawfully present in the United States.
C. "Unlawful worker" means a person who does not have the legal right or authorization to work due to an impediment in any provision of federal, state or local law, including but not limited to a minor disqualified by nonage, or an unauthorized alien as defined by United States Code Title 8, subsection 1324a(h)(3).
D. "Department" means the Metropolitan Department of Codes Administration.

6.30.020 Harboring illegal aliens.
A. It is unlawful for any person or business entity that owns a dwelling unit in the City to harbor an illegal alien in the dwelling unit, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, unless such harboring is otherwise expressly permitted by federal law.
1. For the purposes of this section, to let, lease, or rent a dwelling unit to an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall be deemed to constitute harboring. To suffer or permit the occupancy of the dwelling unit by an illegal alien, knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, shall also be deemed to constitute harboring.
2. A separate violation shall be deemed to have been committed on each day that such harboring occurs, and for each adult illegal alien harbored in the dwelling unit, beginning one business day after receipt of a notice of violation from the department.
3. A separate violation of this section shall be deemed to have been committed for each business day on which the owner fails to provide the department with identity data needed to obtain a federal verification of immigration status, beginning three days after the owner receives written notice from the department.

B. Enforcement: The department shall enforce the requirements of this section.
1. An enforcement action shall be initiated by means of a written signed complaint to the department by any official, business entity, or resident of the City. A valid complaint shall include an allegation which describes the alleged violator(s) as well as the actions constituting the violation, and the date and location where such actions occurred.
2. A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced.
3. Upon receipt of a valid written complaint, the department shall, pursuant to United States Code Title 8, section 1373(c), verify with the federal government the immigration status of a person seeking to use, occupy, lease, or rent a dwelling unit in the City. The department shall submit identity data required by the federal government to verify immigration status. The City shall forward identity data provided by the owner to the federal government, and shall provide the property owner with written confirmation of that verification.
4. If after five business days following receipt of written notice from the City that a violation has occurred and that the immigration status of any alleged illegal alien has been verified, pursuant to United States Code Title 8, section 1373(c), the owner of the dwelling unit fails to correct a violation of this section, the department shall initiate the appropriate proceeding at law or in equity to restrain, correct or abate such violation.
5. Any person found by a court to be in violation of any of the provisions of this ordinance shall be prohibited from collecting any rent, payment, fee, or any other form of compensation from, or on behalf of, any tenant or occupant in the dwelling unit.
6. The prohibition on accepting rent pursuant to subsection 5 herein shall terminate one business day after a legal representative of the dwelling unit owner submits to the department a sworn affidavit stating that each and every violation has ended. The affidavit shall include a description of the specific measures and actions taken by the business entity to end the violation, and shall include the name, address and other adequate identifying information for the illegal aliens who were the subject of the complaint.
7. The department shall forward the affidavit, complaint, and associated documents to the appropriate federal enforcement agency, pursuant to United States Code Title 8, section 1373.
8. Any dwelling unit owner who commits a second or subsequent violation of this section shall be subject to a fine of fifty dollars ($50) for each separate violation and shall be prohibited from leasing or renting any property within the area of the Metropolitan Government for a period of three (3) months.
9. Upon the request of a dwelling unit owner, the department shall, pursuant to United States Code Title 8, section 1373(c), verify with the federal government the lawful immigration status of a person seeking to use, occupy, lease, or rent a dwelling unit in the City. The penalties in this section shall not apply in the case of dwelling unit occupants whose status as an alien lawfully present in the United States has been verified.

6.30.030 Construction and severability.
A. The requirements and obligations of this chapter shall be implemented in a manner fully consistent with federal law regulating immigration and protecting the civil rights of all citizens and aliens.
B. If any part or provision of this chapter is in conflict or inconsistent with applicable provisions of federal or state statutes, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part of provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this chapter shall not be affected thereby.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Gotto