Atlanta, GA – On May 1, 2024, Georgia Governor Brian Kemp signed HB 1105, known as the Georgia Criminal Alien Track and Report Act of 2024, effective July 1, 2023. This law mandates increased cooperation between local law enforcement and federal agencies in relation to undocumented persons before individuals.
Key provisions of HB 1105
HB 1105 requires local law enforcement agencies, including sheriffs, to cooperate with Immigration and Customs Enforcement (ICE) and other federal agencies on legal matters involving undocumented individuals. The law stipulates:
Notification Requirement: Law enforcement must notify federal agencies such as ICE of the arrest of an undocumented person.
Immigration Status Verification: Requires immigration status verification for detained detainees.
Detention Requests: Upon notification, ICE may request that law enforcement detain an undocumented individual for up to 48 hours.
Reporting Requirements: Beginning January 1, 2025, the Georgia Department of Corrections and supervisors of municipal and county jails will be required to file quarterly reports on the tracking of undocumented incarcerated individuals. In addition, starting in October, detailed information about inmates' immigration status, home country, and crimes committed will be posted on the Georgia Department of Corrections website every ninety days.
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 officers could face criminal charges for violating protected area laws.
Reaction and concerns
The passage of HB 1105 has generated significant public debate and concern. Critics fear this could increase fear and perpetuate stereotypes about undocumented people.
Current developments
The recent murder case involving Jose Ibarra, an undocumented Venezuelan immigrant, has drawn attention to HB 1105. Ibarra, who is accused of murdering Georgia University nursing student Laken Riley, was previously arrested but released before ICE could request his detention.
Concerns about overcrowding
Law enforcement officials are anticipating an increase in incarceration as a result of HB 1105, potentially leading to prison overcrowding and safety concerns related to staffing shortages.
Protection of your rights
To protect legal rights under HB 1105, individuals are recommended to carry immigration documents such as a green card or work authorization document. It is also recommended that you obtain a government-issued ID card.
If you need legal assistance regarding incarceration issues, contact Hines Law Firm to consult with an attorney who can advise you and protect your rights.
Disclaimer: This press release is for informational purposes only and does not constitute legal advice.
