Plaintiff didn't file proper paperwork for emergency injunction
Written by Brian Haas
2:55 PM, Jan. 4, 2012

A challenge to new statewide immigration screening rules has been delayed when a judge ruled that the plaintiff didn’t have enough information to proceed.

Davidson County Chancellor Ellen Hobbs Lyle told immigration attorney Elliott Ozment that he didn’t have the proper proof to ask for an immediate stop to state rules for jailers to screen incoming suspects for their immigration status.

“Under these circumstances, the court would have to deny the injunction,” she said.

But Lyle let Ozment have more time to amend his filings to include more proof of accusations that the state violated open meetings laws when it drew up the new immigration rules.

The rules, called Public Chapter No. 1112, passed last year and require jailers across the state to ask the newly arrested whether they are a citizen or born in the United States. Based on the suspect’s response, immigration officials might be contacted to make further inquiries.

Ozment accuses the Tennessee Peace Officers Standards and Training Commission, which set the rules, of discussing and approving the guidelines through emails instead of public meetings as required by state open meetings laws.