Sheriffs in Georgia will now have to coordinate with federal immigration authorities if there is suspicion that a detained person is in the country without permission.
Governor Brian Kemp signed House Bill 1105 on Wednesday, which would require prison guards to detain any suspect believed to be in the country without legal authorization if that person is wanted by U.S. Immigration and Customs Enforcement.
The bill was sponsored by Republican Rep. Jesse Petrea of Savannah and would punish sheriffs who fail to notify federal immigration authorities when they determine that a detained person may be in the country illegally.
The effort gained new momentum following the murder of 22-year-old nursing student Laken Riley, who was found dead near the University of Georgia campus in February after going for a jog. Police arrested a Venezuelan man in connection with the killing who authorities said was in the U.S. without authorization.
“If you enter our country illegally and commit further crimes in our communities, we will not allow your crimes to go unpunished,” Kemp said before signing the law.
Studies have generally found that immigrants are less likely to commit violent crimes than native-born U.S. citizens.
In debates during the legislative session, some sheriffs had expressed concerns that the law would impose additional responsibility on them. They said information about suspects is often limited and many sheriffs do not have the legal authority to enforce federal law. Failure to comply with the law could result in local governments losing state or state-administered federal funds.
However, some sheriffs fully supported the measure.
With this law, Republicans wanted to prevent local governments from pursuing a “sanctuary” policy in which local officials provide safe haven to people living in the country without legal permission, even though such practices are already prohibited under Georgia state law.
In March, Sean Ervin, the head of ICE's Atlanta field office, responded to criticism from some sheriffs who said the agency did not always come to pick up suspects for whom an arrest warrant had been issued.
“We cover all 159 counties in the state of Georgia to the best of our knowledge,” he said. “If there is a sheriff anywhere who feels they are not being adequately served by ICE, I would ask them to bring it to my attention. We can work on that.”
Groups representing immigrant communities opposed the law, saying the measure created “fear and doubt” among immigrants.
The Georgia Latino Alliance for Human Rights is holding a rally outside the Georgia Capitol on Wednesday to protest the signing of the bill.
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