1. United States
  2. Tenn.
  3. Letter

Oppose SB1881: Reject Permanent Public Records Exemption for Homeland Security

To: Rep. White, Gov. Lee, Sen. Taylor

From: A constituent in Memphis, TN

February 11

I am writing to urge you to oppose Senate Bill 1881, which would make all records of Tennessee's Office of Homeland Security confidential and permanently closed to public inspection, even after investigations and criminal cases conclude. This unprecedented exemption goes far beyond existing protections for active investigations. While I understand the need to protect sensitive information during ongoing operations, there is no justification for permanent secrecy after cases close. Local police departments operate under laws that eventually allow public access to records, and this office should be held to the same standard of accountability. Deborah Fisher, executive director of the Tennessee Coalition for Open Government, has warned that this office could be "deployed in more ways than it has in the past with little transparency or accountability" without clear public benefit for confidentiality. This concern is particularly valid given the broad investigative powers proposed in the companion legislation, Senate Bill 1880 and House Bill 1639. These bills would grant Homeland Security officers statewide arrest authority, the ability to conduct both overt and covert investigations, and power to investigate crimes not specifically enumerated in the legislation. The combination of expansive authority with permanent secrecy creates an accountability vacuum. Tennesseans deserve to know how their government exercises police powers, especially when those powers extend beyond terrorism cases into areas with wide discretion. Without eventual public access to records, there is no way for citizens to verify that these powers are being used appropriately or to identify potential abuses. Last year, the legislature already approved an immigration enforcement bureau within the Department of Safety that is exempt from the Public Records Act. Creating another layer of secret law enforcement operations compounds the problem and sets a dangerous precedent for future expansions of unaccountable government power. I urge you to vote against SB1881 and to amend SB1880 and HB1639 to include reasonable transparency provisions that protect sensitive information during active investigations while ensuring eventual public accountability.

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