The U.S. Congressional Committee on the Judiciary and the Committee on Homeland Security formally launched an investigation on Friday related to a recent executive order from Nashville Mayor Freddie O’Connell.
The investigation, announced on Memorial Day by Republican U.S. Rep. Andy Ogles, is seeking records and communications related to O'Connell's Executive Order 30 — an order outlining Metro’s response to extensive Nashville arrests in early May by federal immigration officials and the Tennessee Highway Patrol. The investigation is also seeking “any contact or correspondence with NGOs tied to immigration enforcement, sanctuary policies, or the handling of criminal aliens”; all communications about federal law enforcement operations in Metro Nashville/Davidson County; and “every financial record related to taxpayer-funded programs aiding illegal aliens,” specifically naming the newly established Belonging Fund. The Belonging Fund was created to provide “financial support to nonprofit organizations offering emergency assistance to immigrants in our region during times of crisis.”
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On May 28, Ogles posted on social media, accusing the mayor’s office of putting law enforcement in “serious danger,” saying “O’Connell publicly leaked the names of [Department of Homeland Security] and [Homeland Security Investigations] officials working with Davidson County on immigration enforcement.” Ogles’ post was in response to a spreadsheet published on Metro’s website listing limited communication between the Metro Nashville Police Department and U.S. Immigration and Customs Enforcement officials.
At a media round-table on Friday, O’Connell said he is “puzzled” as to why the Trump administration and local Republican leaders consider Nashville a sanctuary city. He spent much of his weekly press conference responding to questions related to Ogles’ probe.
O’Connell pointed to state legislation that bans sanctuary cities, saying Nashville is in compliance with state law. According to Tennessee law, a sanctuary city would be defined by any of the following: grants undocumented people lawful presence within the boundaries of the state; limits or prohibits a local government from cooperating with federal agencies to verify immigration status of any “alien”; restricts cooperation with the U.S. Department of Homeland Security; requires the DHS to obtain a warrant or probable cause before taking custody of an undocumented immigrant; or prevents law enforcement agencies from inquiring about citizenship of any person.
“By definition, Nashville is not a sanctuary city,” O’Connell said Friday, reading from a statement. “We do not nor have we ever had a policy that violates the state law. As we've stated several times in recent weeks, Metro does not have any legal authority as it relates to immigration enforcement, and we do not impede federal law enforcement actions. In fact, we regularly partner with state and federal law enforcement agencies to take violent criminals off our streets.”
“We're very clear-eyed about our legal obligations, and we do comply with the law,” he said.
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“I’m not particularly concerned,” said O’Connell when asked by reporters if his office was concerned that the congressional investigation would uncover wrongdoing. “We’re going to respond appropriately to all inquiries, and we have been guided by a full understanding of state and federal law.”
O’Connell confirmed that he has not spoken about the matter to Ogles or U.S. Sen. Marsha Blackburn. Blackburn has also been critical of the mayor, calling on the Department of Justice and Attorney General Pam Bondi to investigate O’Connell’s office. "I write to express my deep concern with the recent actions of Nashville Mayor Freddie O’Connell and his efforts to obstruct the work of the Trump administration to secure our border, deport criminal illegal aliens, and Make America Safe Again," Blackburn wrote to Bondi in a letter sent to press on Friday evening.
“It was never the intent of the executive order for those names to be posted,” said O’Connell in regard to accusations of “leaking” DHS and HSI officials’ names. “They were removed as soon as we were made aware that they had been posted. We're working on new safeguards and procedures to avoid it happening again.”
State Rep. Justin Jones (D-Nashville) spoke about the political pursuit of O'Connell during Thursday night's An Evening With The Bulwark live podcast event at Cannery Hall.
“My advice to Mayor Freddie O'Connell would be that you face a crossroads,” said Jones. “Either capitulate to authoritarianism or choose courage.”
“What ICE and our Tennessee Highway Patrol are doing to our immigrant neighbors is unlawful, and so I say to the mayor, ‘Do not back down, do not apologize,’” Jones said.
“The title of being a mayor is nice, but your purpose is better," Jones added. "You must be willing to risk your title for your purpose.”
