STORY HIGHLIGHTS
- “This law essentially turns Georgia into a police state,” says an ACLU official
- The lawsuit in Georgia is the latest battle in a nationwide skirmish over immigration enforcement
- Known as HB 87, the law allows police to ask about immigration status
- Gov. Nathan Deal’s office says he’s confident the law will withstand legal challenges
Atlanta (CNN) – Several immigrant and civil rights organizations filed a class-action lawsuit Thursday challenging a new law in Georgia aimed at cracking down on illegal immigration.
The lawsuit argues that Georgia’s new law, which is due to take effect on July 1, is unconstitutional.
“This law essentially turns Georgia into a police state, requiring everyone to carry their papers to prove they are lawfully in the United States or risk facing lengthy detentions or investigations,” he said Chara Jackson, legal director of the Georgia chapter of the America Civil Liberties Union.
The law, commonly known as HB 87, allows police to ask about immigration status when questioning suspects in certain criminal investigations.
It also allows jail terms for people who knowingly transport illegal immigrants while committing a crime, and claims workers convicted of using fake IDs to look for a job could face 15 years in prison and a $250,000 fine could be convicted.
“Georgia’s immigration system will undermine federal immigration enforcement priorities by incarcerating scores of individuals in Georgia,” the lawsuit states.
The Georgia lawsuit is the latest battle in a nationwide skirmish between state and federal officials over who controls immigration enforcement.
Arizona’s controversial anti-illegal immigration law catapulted the issue onto the national stage last year, prompting a lawsuit from the US Department of Justice, which argues the law is unconstitutional.
Lawmakers in at least 20 states have been considering similar proposals over the past year, according to the National Immigration Forum.
In April, a three-judge panel of the US Ninth Circuit Court of Appeals sided with the Justice Department and opposed Arizona Governor Jan Brewer, who signed Arizona law into law last year. Brewer announced last month that the state would appeal directly to the US Supreme Court.
Last month, a federal judge in Utah blocked a tough immigration law in that state just 24 hours after it went into effect.
The ACLU, the National Immigration Law Center, the Southern Poverty Law Center and the Asian Law Caucus are representing plaintiffs in the Georgia lawsuit.
“The courts have blocked the enactment of Arizona and Utah laws. Georgia should be prepared for the same outcome,” said Omar Jadwat, attorney for the ACLU Immigrants’ Rights Project.
But supporters of Georgia’s legislation said they were confident it would withstand legal challenges.
“Since we began work on this process six months ago, we knew that a fringe group like the ACLU would file a lawsuit against the law,” Georgia Rep. Matt Ramsey, author of HB 87, told CNN – Daughter WSB.
“We worked very, very hard and very diligently to ensure that the provisions were designed with that in mind every step of the way, to ensure that they would ultimately stand up in court,” he said.
A spokeswoman for Georgia Gov. Nathan Deal said the legislation in Georgia differs significantly from that in Arizona.
“These organizations falsely claim that HB 87 is a copycat of Arizona legislation. It’s not,” spokeswoman Stephanie Mayfield said.
The governor expects judges reviewing the case to uphold Georgia’s new law, she said, citing last week’s ruling by the US Supreme Court upholding an Arizona law that penalizes companies that illegal immigrants set to.
“Just last week, the US Supreme Court sent a strong message that states’ efforts to curb illegal immigration are constitutional,” she said.
CNN’s Maria Elisa Callejas and Gustavo Valdes contributed to this report.
