The term “sanctuary city” has made a lot of news, especially in the last few months since Athens came into the spotlight following the murder of Laken Riley.
It's a term that doesn't have a precise legal definition, but cities and even states across America have passed laws to limit local law enforcement's cooperation with federal immigration authorities, including not providing information about immigration status and limiting the length of time immigration detainees can stay.
Jose Ibarra, an undocumented Venezuelan migrant, was convicted last month on 10 counts, including premeditated murder, aggravated murder, kidnapping with bodily harm, aggravated assault with attempted rape and other charges.
He was given a life sentence without the possibility of parole. The murder sparked controversy in Athens over its proclamation as a welcoming place for people of all backgrounds.
Here's what you should know about sanctuary cities and Georgia.
What is a sanctuary city?
A sanctuary city is a city with a policy that “prevents local law enforcement from reporting the immigration status of individuals unless it is to investigate a serious crime,” according to Global Refuge.
“These communities typically do not comply with ICE’s requests to detain undocumented immigrants who are arrested by local officials for misdemeanor or investigational offenses.”
A sanctuary city, which can be a city, county, or even the entire state, has “laws, ordinances, regulations, resolutions, policies, or other practices that impede immigration enforcement and protect criminals from ICE – either by refusing to comply or prohibiting authorities from complying with ICE detainees, imposing unreasonable conditions for the admission of detainees, denying ICE access to interview detained aliens, or “Otherwise obstructing communication or information sharing between their personnel and federal immigration officials,” according to the Center for Immigration Studies.
What is an immigration detainee?
An immigration detainer is a request from U.S. Immigration and Customs Enforcement requesting a federal, state, or local law enforcement agency to:
- “Notify the requesting authority as early as possible before releasing a deportable noncitizen.
- “Detain the non-citizen for up to an additional 48 hours.
“This gives ICE time to take custody of these individuals in accordance with federal immigration law.”
According to the National Conference of State Legislatures, as part of information sharing between the Justice Department, DHS and state and local law enforcement agencies, when a person is arrested, biometric data is sent to ICE to screen for people who should be deported.
“ICE reviews the data for possible matches and reviews the detainee’s records for immigration violations and criminal history. An arrest is a request by ICE not to release an arrested person or convicted criminal from state or local jails until ICE can pick them up for deportation. Individuals cannot be detained for more than 48 hours.”
“ICE takes immigration detainers after officers or agents demonstrate probable cause to believe that a noncitizen is eligible for deportation – typically after a court has convicted them of one or more crimes – and typically when the noncitizen poses a threat to represents public or national security.
“When a state or local law enforcement agency fails to respect an inmate, officers pursue the noncitizen in the community. These at-large arrests are more dangerous to the public, non-citizens and officers.”
Are there sanctuary cities or counties in Georgia?
According to CIS.org, there are five cities or counties in Georgia that are listed as sanctuary jurisdictions. However, there is debate as to whether certain areas consider themselves members of this list.
- Atlanta, Georgia
- Douglas County, Georgia
- DeKalb County, Georgia
- Athens-Clarke County, Georgia₁
- Columbia County, Georgia₂
₁Athens was thrust into the national spotlight in February following the death of Laken Riley at the hands of illegal immigrant Jose Ibarra. Mayor Kelly Girtz said the definition of a sanctuary city is unclear, but a 2019 city resolution said the local government “…welcomes people from all countries and backgrounds and strives to foster a community in that people of all statuses feel safe.” able to thrive and breathe freely…”
₂Columbia County is listed as a protected area, much to the confusion of its residents. In a county that voted more than 62% for Donald Trump in the last election, its listing on the website CIS.org was met with backlash. In September, commissioners met in Evans to announce the county was not a sanctuary city. The website still lists it as such.
After Laken Riley's death, a new law was signed in Georgia: HB 1105
The bill, titled the Georgia Criminal Alien Track and Report Act of 2024, was signed into law in May following the death of Laken Riley on the University of Georgia campus.
Essentially, the new law “requires Georgia sheriffs to coordinate with federal immigration officials if they suspect someone in custody is in the country illegally. The law penalizes sheriffs who fail to notify police when they identify someone they suspect is undocumented,” according to a legal blog on findlaw.com.
Which sanctuary cities and counties are closest to Georgia?
According to a map of sanctuary cities — cities, counties and states — in the U.S. compiled by the Center for Immigration Studies, the nearest cities are in Charlotte, North Carolina; Asheville, North Carolina; and Charleston, South Carolina.
Alabama, Florida, Mississippi, Arkansas and Texas do not have sanctuary cities or counties.
Some entire states are considered sanctuary cities
Sometimes the term “sanctuary” encompasses more than just a city. According to the Center for Immigration Studies, as of November 1, 13 states consider themselves sanctuary cities:
- California
- Colorado
- Connecticut
- Illinois
- Massachusetts
- New Jersey
- new York
- North Dakota
- Oregon
- Rhode Island
- Utah
- Vermont
- Washington
Georgia is one of five states considered “particularly aggressive” in its anti-sanctuary laws
“Five states have particularly aggressive and sweeping anti-sanctuary laws that force local authorities to become heavily involved in deporting their constituents: Florida, Georgia, Iowa, Texas and West Virginia,” according to the Immigrant Legal Resource Center.
The center said Oregon and Illinois have “particularly strong and comprehensive laws protecting immigrants and fall into the most protective category.”
Trump: Mass deportations begin on first day of his term
President-elect Donald Trump announced during the campaign that he would begin mass deportations on his first day in office.
He is expected to mobilize authorities across the government to help report an estimated 11 million migrants who are in the country without legal permission.
Immigration experts say about 5% of Florida's population – 1.1 million residents – live in the state without legal permission. How far Trump goes will be crucial in assessing the impact of deportation on communities, families, jobs and Florida's economy.
Trump said mass deportations would reduce crime and create more jobs for U.S.-born Americans. In November, he confirmed that he planned to declare illegal immigration a national emergency and use the military to carry out deportations.
What was the first sanctuary city in the USA?
In 1971, Berkeley, California, became the first sanctuary city in the United States
According to Scripps News, the city passed a resolution to protect sailors who opposed the war in Vietnam.
