Georgia law already restricts cities and counties from adopting a “sanctuary policy,” where local officials give safe harbor to people who are living in the country without legal permission.
However, House Bill 1105, sponsored by Republican state Rep. Jesse Petrea, would build upon that restriction by imposing penalties on sheriffs and jailers who do not cooperate with federal immigration agents when someone in custody is not a U.S. citizen.
Officers are supposed to communicate with the U.S. Immigration and Customs Enforcement agency when someone who has been sent to jail is found to have entered the country illegally and hold them if enforcement officials send a warrant.
But some cities, such as Athens-Clarke County, limit their coordination and refuse to keep people in jail after completing their sentences to make it harder for federal authorities to deport them.
Petrea, who represents Savannah, filed the bill in January, but it has gained momentum following the death of nursing student Laken Riley, who was found unconscious Thursday on a trail on the University of Georgia’s campus hours after she went for a run. The suspect charged in her death, Jose Antonio Ibarra, lives in Athens but is not a U.S. citizen. Authorities say he entered the U.S. illegally in 2022 and was previously arrested in New York.
In the wake of the news, Georgia Republicans have vowed to pursue additional measures to target illegal immigration in the state and are reinforcing legislation already under consideration.
State Rep. Houston Gaines, who represents Athens, introduced and attempted to fast-track legislation Monday in the House that would require law enforcement officials to cooperate with federal authorities enforcing immigration laws. Democrats blocked his effort, which would have required the support of two-thirds of the chamber. Instead, elements of his bill were incorporated into HB 1105, which passed the House Public Safety and Homeland Security Committee on Tuesday.
During testimony before the committee, Gaines said the bill is important as his community faces an “unspeakable tragedy” and he wants to “make sure we secure Georgia laws when it comes to immigration.”
Athens-Clarke authorities say they check the criminal history of people in custody and keep people detained with outstanding warrants, but they don’t jail immigrants in the country illegally if they have no other criminal history.
Under Petrea’s bill, the first time a jailer or sheriff fails to keep track of data on inmates who are not U.S. citizens, including their immigration status and country of origin, is considered a violation of oath of office. The second offense and thereafter would be a misdemeanor of high and aggravated nature.
His bill would also change the mission of the General Assembly from encouraging to requiring law enforcement to work with federal authorities regarding immigration issues. It also would permit peace officers, including troopers in the Georgia State Patrol, to arrest, with probable cause, any person suspected of being in the country illegally.
Georgia Democrats have repeatedly sparred with Republicans during the legislative session and blamed the GOP for tanking a bipartisan U.S. Senate bill that would have made it harder for migrants to apply for asylum once they’ve entered the country illegally.
Democratic state Rep. Becky Evans, who voted against the bill, said she was concerned the requirements would overburden local law enforcement with federal immigration responsibilities.
Studies have typically found that immigrants are less likely to commit violent crimes than native-born U.S. citizens.
The slate of legislation targeting immigration also includes another bill from Gaines that would allow taxpayers to request their money back, through civil litigation, if their local governments don’t enforce immigration laws. Senate Republicans signed onto a bill that would require sheriffs, jailers and deputies to comply with requests from the U.S. Department of Homeland Security to detain immigrants.
These efforts follow bills over the past two decades in Georgia that aim to address concerns involving immigration. Signed into law in 2006, one measure requires people seeking employment or public benefits to provide proof of their legal status. Another bill lawmakers passed in 2011 allowed police to investigate the immigration status of certain suspects.
In 2016, lawmakers required local governments to prove they’re complying with federal detention requests and immigration policies to receive state funding.
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