Democratic state lawmakers want to allow Georgia cities to adopt sanctuary policies and eliminate requirements for local sheriffs to collaborate with Immigration and Customs Enforcement.
On Tuesday, a group of House members led by Rep. Marvin Lim, D-Norcross, introduced a bill that would repeal a 2024 law mandating close cooperation between local law enforcement and ICE — a dynamic that has helped make Georgia one of the leading states for ICE arrests.
House Bill 1053 comes amid a surging protest movement in metro Atlanta, and across the nation, against immigration enforcement and ICE, amplified by the deaths of two people in Minnesota at the hands of federal agents. It is part of a wave of proposed legislation advanced by Democratic legislators in statehouses across the nation this week that aims to curb ICE activity.
In the immediate aftermath of the first of two Minnesota killings earlier this month, Senate Democrats unveiled a package that would prevent agents from wearing masks during encounters, among other measures.
HB 1053 is more comprehensive in scope.
It would undo a 2024 law that requires local sheriffs’ offices to check the immigration status of people booked into county jails and for the office to honor requests from ICE to detain immigrant inmates past their originally scheduled release dates so federal agents can pick them up.
The 2024 law, dubbed the Georgia Criminal Alien Track and Report Act, also requires sheriffs to apply for inclusion in an ICE program known as 287(g), which further deputizes local law enforcement to act as immigration agents.
“Because of what’s happened in Minneapolis and everything before that, there is more anger from more people, including in Georgia, against ICE,” Lim said. “Even though we are not necessarily seeing exactly what happened in Minneapolis, people are seeing ICE here. People are getting arrested, deported, and it’s important to be able to do what we can to stop that.”
Credit: Adam Beam/AJC
Credit: Adam Beam/AJC
“Almost every single day, I get reports from constituents, neighbors of possible ICE sightings,” he added.
HB 1053 doesn’t stand much of a chance for passage in a Republican-controlled Legislature. It seeks to repeal the law passed by Republicans following the high-profile killing of Laken Riley, a Georgia nursing student, by an immigrant from Venezuela who had entered the U.S. illegally.
State Rep. Jesse Petrea, R-Savannah, sponsored the bill after Riley’s death. He said his legislation is one reason the kind ICE interactions that have drawn criticism in Minnesota have not happened in Georgia.
“We are handing people over to law enforcement out of jails and prisons,” he told the AJC earlier this month.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
In addition to repealing the 2024 law, HB 1053 would also eliminate a provision in Georgia law that compels police to investigate the immigration status of people suspected of criminal activity. It would also remove the penalties currently codified in Georgia law that prevent local governments from enacting sanctuary policies.
The bill would also set standards for local law enforcement agencies to process requests from immigrants to determine eligibility for visa programs meant to benefit people who have been victims of crimes. To be able to file applications for these visa programs with the federal government, individuals require law enforcement certification.
“Georgia needs to reflect on what (the 2024 law) did,” said Alberto Feregrino, an Atlanta-based organizer with CASA, an immigration advocacy group. “When local law enforcement is forced to collaborate with ICE, they lose the trust of their communities, especially in heavily immigrant cities where they are supposed to be public safety servants.
“So, I think this is exactly the right time to have this conversation.”
— AJC reporter Michelle Baruchman contributed to this report.
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