Atlanta, Georgia – On May 1, 2024, Georgia Governor Brian Kemp signed into law HB 1105, known as the Georgia Criminal Alien Track and Report Act of 2024, effective July 1, 2023. This legislation mandates enhanced cooperation between local law enforcement agencies and federal authorities regarding undocumented individuals.

Key Provisions of HB 1105

Under HB 1105, local law enforcement, including sheriffs, must collaborate with Immigration and Customs Enforcement (ICE) and other federal agencies concerning legal matters involving undocumented individuals. The law stipulates:

Notification Requirement: Law enforcement must notify federal authorities, such as ICE, upon the arrest of an undocumented individual.

Immigration Status Checks: It mandates verification of immigration status for detainees in custody.

Detainer Requests: Upon notification, ICE can request that law enforcement hold an undocumented individual for up to 48 hours.

Reporting Requirements: Starting January 1, 2025, the Georgia Department of Corrections and supervisors of municipal detention facilities and county jails must submit quarterly reports tracking incarcerated undocumented individuals. Additionally, detailed information on detainees’ immigration status, home country, and committed offenses will be published every ninety days on the Georgia Department of Corrections’ website starting in October.

Impact on Local Communities and Law Enforcement

Local governments risk losing state-administered federal aid if they fail to comply with reporting requirements. Law enforcement officers and officials could face misdemeanor charges for violating sanctuary laws.

Response and Concerns

The passage of HB 1105 has sparked significant public debate and concern. Critics fear it may exacerbate fear and perpetuate stereotypes about undocumented individuals.

Recent Developments

The recent murder case involving Jose Ibarra, an undocumented Venezuelan immigrant, has drawn attention to HB 1105. Ibarra, accused of murdering Georgia University nursing student Laken Riley, had been previously arrested but released before ICE could request his detention.

Overcrowding Concerns

Law enforcement anticipates increased detainees due to HB 1105, potentially leading to overcrowding in jails and safety concerns related to staffing shortages.

Protecting Your Rights

To safeguard legal rights under HB 1105, individuals are advised to carry immigration documentation such as a Green Card or Employment Authorization Document. Obtaining a state-issued identification card is also recommended.

For legal assistance regarding detainment issues, contact the Hines Law Firm to consult with an attorney who can provide guidance and protect your rights.

Disclaimer: This press release is for informational purposes only and does not constitute legal advice.