Georgia HB 1105 - Georgia Criminal Alien Track and Report Act of 2024
This bill, the Georgia Criminal Alien Track and Report Act of 2024, aims to enhance cooperation between state and local law enforcement agencies and federal immigration authorities in order to identify and detain criminal illegal aliens. Key provisions include: Authorizing law enforcement officers to verify the immigration status of individuals accused of certain misdemeanor offenses prior to releasing them on citation. Requiring state and local agencies to enter into agreements with federal immigration authorities to assist with enforcement of immigration laws. Mandating that custodial authorities honor immigration detainer notices and report information on foreign-born inmates. Imposing penalties on local governments that adopt "sanctuary" policies that restrict cooperation with federal immigration enforcement. Requiring the Department of Audits and Accounts to review and audit annual reports on agency compliance with immigration-related laws. Expanding the collection of DNA samples from certain convicted felons subject to immigration detainers. The bill aims to promote compliance with state laws related to deterring the presence of criminal illegal aliens in Georgia.
This bill further established the O.C.G.A. code section of 42-4-16 that states the following:
This bill further established the O.C.G.A. code section of 42-4-16 that states the following:
42-4-16. Inmate reports by county jails and municipal detention facilities.
(a) At least quarterly, an individual in a supervisory role at a county jail or municipal detention facility shall prepare and post on the public website of the local jurisdiction where his or her jail or detention facility is located, a report for his or her jail or detention facility which includes the following information for the most recent quarter:
(1) The total number of inmates booked into the county jail or municipal detention facility;
(2) The total number of inquiries made to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or any other federal agency inquiring relating to the immigration status or prior arrests of foreign-born inmates;
(3) The total number of responses received for requests made by the county jail or municipal detention facility pursuant to paragraph (2) of this subsection;
(4) The total number of responses as provided for in paragraph (3) of this subsection that indicated a foreign-born inmate of the county jail or municipal detention facility is an illegal alien as such term is defined in Code Section 42-4-14;
(5) The number of immigration detainers issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security for prisoners in the county jail or municipal detention facility; and
(6) A sworn affidavit signed by the individual in a supervisory role at the county jail or municipal detention facility verifying compliance with Code Section 42-4-14 and all other applicable law.
(b) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a report required by this Code section shall be guilty of a violation of Code Section 16-10-20.
(a) At least quarterly, an individual in a supervisory role at a county jail or municipal detention facility shall prepare and post on the public website of the local jurisdiction where his or her jail or detention facility is located, a report for his or her jail or detention facility which includes the following information for the most recent quarter:
(1) The total number of inmates booked into the county jail or municipal detention facility;
(2) The total number of inquiries made to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or any other federal agency inquiring relating to the immigration status or prior arrests of foreign-born inmates;
(3) The total number of responses received for requests made by the county jail or municipal detention facility pursuant to paragraph (2) of this subsection;
(4) The total number of responses as provided for in paragraph (3) of this subsection that indicated a foreign-born inmate of the county jail or municipal detention facility is an illegal alien as such term is defined in Code Section 42-4-14;
(5) The number of immigration detainers issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security for prisoners in the county jail or municipal detention facility; and
(6) A sworn affidavit signed by the individual in a supervisory role at the county jail or municipal detention facility verifying compliance with Code Section 42-4-14 and all other applicable law.
(b) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a report required by this Code section shall be guilty of a violation of Code Section 16-10-20.
