Georgia Governor Enacts Immigration Legislation Amid Concerns from Latino Advocates

By LG Staff

By LG Staff

May 9, 2024

Georgia Governor Brian Kemp signed a new immigration bill into law on Wednesday, citing public safety concerns in the wake of Laken Riley’s tragic death. However, critics argue that the law will damage trust between immigrant and Latino communities and law enforcement agencies.

The legislation, known as Georgia HB1105, mandates that sheriff’s offices collaborate with federal authorities regarding individuals in their custody who may be residing in the country unlawfully, with potential funding repercussions for non-compliance.

During the signing ceremony, Governor Kemp, a Republican, highlighted the bill’s importance in response to what he termed the “senseless death” of Laken Riley, attributing it to someone who was in the country illegally. He emphasized the state’s commitment to holding accountable those who commit crimes after entering the country unlawfully.

However, opponents of the law have raised concerns about previous attempts to involve local law enforcement in immigration enforcement, citing potential negative consequences.

The tragic death of Laken Riley, a 22-year-old nursing student, intensified ongoing debates over immigration policy, particularly in an election year. The suspect, Jose Antonio Ibarra, a Venezuelan national, had previously been arrested in New York for illegal entry and later for a separate offense. He was released by New York authorities before immigration officials could take action.

Jerry Gonzalez, CEO of GALEO, an Atlanta-based Latino advocacy organization, stressed the importance of trust between communities and law enforcement for effective policing. He warned that eroding this trust could deter community members from reporting crimes or cooperating with law enforcement.

The new law outlines specific procedures for jail officials to verify prisoners’ immigration status, with penalties for failure to comply. Additionally, it mandates that local jails seek participation in the 287(g) agreement with ICE, enabling local authorities to assist in identifying individuals subject to deportation. However, the Biden administration has deprioritized this program.

Critics argue that the law’s focus on suspects in custody could lead to broader enforcement activities in local communities, particularly in counties where sheriff’s officers serve as both jailers and police authorities. Concerns about racial profiling and civil rights violations have been raised by advocacy groups like the Georgia Latino Alliance for Human Rights and the American Civil Liberties Union.

Charles Kuck, an immigration attorney, views the law as a reiteration of prior Georgia legislation regarding the 287(g) program, noting its clarification of detention protocols for non-citizens.

Despite the enactment of the law, Gonzalez affirmed GALEO’s commitment to educating community members about their rights in interactions with local law enforcement.

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