Jailers in Georgia are now required to check the immigration status of inmates and assist in enforcing federal immigration laws. This new measure was introduced in response to a tragic incident where a Venezuelan man allegedly beat a nursing student to death on the University of Georgia campus.
Governor Brian Kemp wasted no time in signing the bill into law on Wednesday at the Georgia Public Safety Training Center in Forsyth. The new legislation will have an immediate impact, with most provisions taking effect right away.
Related posts
The Republican governor has approved a distinct legislation that mandates the use of cash bail for an additional 30 offenses. Moreover, it also imposes limitations on individuals and charitable bail funds, allowing them to post cash bonds for only up to three individuals per year, unless they meet the necessary criteria to operate as a bail bond company. This law will come into effect on July 1.
In light of the tragic death of Laken Riley, caused by an individual who was in the country illegally and had previously been arrested despite crossing the border, Kemp emphasized that House Bill 1105, the immigration bill, has now become a major focus for us.
Jose Ibarra, aged 26, has been taken into custody on charges of murder and assault in connection with the tragic death of 22-year-old Laken Riley. According to immigration authorities, Ibarra unlawfully entered the United States in 2022, and it remains uncertain whether he has sought asylum. The untimely demise of Riley has sparked a heated political debate, with conservatives pointing fingers at President Joe Biden and citing this case as evidence of immigration shortcomings.
According to Kemp, those who enter our country illegally and go on to commit additional crimes in our communities will not get away with their actions.
Opponents of the law argue that it will have the unintended consequence of transforming local law enforcement into immigration police. They fear that this will discourage immigrants from reporting crimes and cooperating with officers. Additionally, opponents cite studies that indicate immigrants are actually less likely to engage in criminal activity compared to native-born Americans.
The law establishes clear guidelines for jail officials to follow when consulting with U.S. Immigrations and Customs Enforcement (ICE) to verify whether prisoners are residing in the country unlawfully. Previously, Georgia law simply encouraged jailers to perform these checks, but the new legislation now makes it a misdemeanor offense to intentionally neglect the verification of immigration status. Additionally, the bill includes provisions to withhold state funding from local governments that refuse to cooperate.
The law requires local jails to seek a 287(g) agreement with ICE, allowing local jailers to assist in enforcing immigration law. It is uncertain how many agreements will be approved, as President Joe Biden’s administration has de-prioritized the program. It’s important to note that this program does not grant local law enforcement the authority to make immigration-related arrests outside of a jail setting.
Republicans argue that Senate Bill 63, which mandates cash bail, is necessary to ensure the incarceration of criminals, despite undermining the reforms advocated by Republican Gov. Nathan Deal in 2018 to enable judges to release individuals accused of misdemeanors without bail.
Republican Lt. Gov. Burt Jones expressed concern about the recurring issue of criminals in some of our cities or counties, referring to it as a revolving door.
Supporters argued that judges would retain the authority to establish exceptionally low bails. The provision from the 2018 reform, which mandates judges to take into account an individual’s financial capacity, would continue to be enforced.
However, this decision has the potential to leave indigent defendants incarcerated even when facing charges that are unlikely to result in prison sentences. Moreover, it may exacerbate the issue of overcrowding in Georgia’s county jails.
Republicans across the country are actively promoting the use of cash bail, despite the fact that some Democratic-led areas are either completely eliminating cash bail or significantly limiting its use. This divide was clearly illustrated last year when Illinois successfully upheld its plan to abolish cash bail, while voters in Wisconsin passed an amendment to the constitution allowing judges to take into account an individual’s previous convictions for violent offenses when determining bail.
