On May 1, 2024, Georgia Governor Brian Kemp signed HB 1105, also referred to as the Georgia Criminal Alien Track and Report Act of 2024, which took effect July 1, 2024. This House Bill requires local law enforcement, such as sheriffs, to coordinate with Immigration and Customs Enforcement (ICE) and other federal authorities, on legal matters regarding undocumented individuals.
House Bill 1105 applies to individuals who are arrested or are the subject of a traffic stop. For example, during a traffic stop, passengers in the vehicle will not be affected by HB1105 and will not be required to present identification, only the driver of the vehicle.
State and local Georgia law enforcement agencies will be required to notify federal authorities, such as ICE, when an undocumented individual is arrested. Under the new law, law enforcement are required to check the immigration status of detainees in custody.
When ICE has been notified by law enforcement of an undocumented individual in custody, they can request that law enforcement hold the undocumented individual for a period of 48 hours.
Law enforcement and jailers are not allowed to hold an undocumented individual unless the Department of Homeland Security’s Law Enforcement Support Center, or Immigration and Customs Enforcement (ICE) provides written instructions for detaining a specific inmate as an “illegal alien”.
Beginning on January 1, 2025, the Georgia Department of Corrections, as well as supervisors of municipal detention facilities and county jails will be required to submit quarterly reports that track incarcerated undocumented individuals.
Beginning in October, the accounting of the immigration status, home country, and committed offenses of detainees must be published on the Georgia Department of Corrections’ website every ninety days.
Many people are alarmed by the passing of the new bill, with concerns that the passing of the bill will increase fear and fuel harmful stereotypes of undocumented individuals.
Detainees may also be required to provide a DNA sample after an arrest if they have an ICE detainer and are charged with a felony.
A local government is at risk of losing state-administered federal aid if law enforcement and jailers fail to report undocumented individuals.
Law enforcement officers and other local officials may face misdemeanor charges for ignoring sanctuary laws.
According to Georgia Republican state Representative Jesse Petrea, who sponsored the bill, “The bill requires that when a criminal is jailed for a crime in Georgia and determined to be illegally in the country, they must be reported to federal immigration authorities.” “If not, the sheriff/ jailer will have committed a misdemeanor.”
Law enforcement predicts a significant increase in detainees due to the new law, which can ultimately lead to overcrowding and safety concerns surrounding a lack of adequate staffing.
House Bill 1105 was first drafted approximately one year ago, but has since gained attention due to the February 22, murder of 22-year-old Georgia University nursing student Laken Riley. Jose Ibarra, the lead suspect in the investigation is a Venezuelan immigrant, and has recently pleaded not guilty for allegedly murdering Riley. Ibarra was in the U.S. illegally and was arrested in 2023 in New York on child endangerment charges. He was released by law enforcement before ICE could request a hold.
To protect your legal rights during this time, always carry your immigration documentation on your person. This can include your Green Card, Employment Authorization Document, or a copy of your receipt notice if you have a pending case.
If you’re able to obtain a state license or identification card, do so as soon as possible. Both state forms of identification are easily recognized by all law enforcement agencies.
If you find yourself arrested, contact an attorney at the Hines Law Firm as soon as possible. A member of our legal team can investigate your case, and fight aggressively for your freedom and to protect your legal rights. Contact our law firm today to learn more.