Georgia implements strict immigration control laws for prisoners

In a major legislative move, Georgia Governor Brian Kemp signed two controversial bills into law, increasing state enforcement of immigration enforcement and expanding bail requirements.

This legislative action comes amid rising tensions over immigration policy and public safety concerns.

The first of these bills, House Bill 1105, would require Georgia correctional officers to verify the immigration status of all inmates and seek to participate in federal programs that support immigration enforcement.

Governor Kemp approved this bill during a ceremony at the Georgia Public Safety Training Center in Forsyth, emphasizing its immediate effect.

He emphasized the bill’s priority status following a tragic incident on the University of Georgia campus, where a Venezuelan, previously detained and released, was charged with the murder of nursing student Laken Riley.

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The case has sparked widespread debate and criticism of current immigration policies under President Joe Biden’s administration.

Governor Kemp expressed a strong message during the signing: “If you enter our country illegally and continue to commit further crimes in our communities, we will not allow your crimes to go unanswered.”

He argued that this law would ensure that those who are in the country illegally and commit crimes will face legal consequences.

Critics of the law argue that it will transform local law enforcement agencies into extensions of immigration enforcement, potentially undermining community trust in police, especially among immigrant populations.

Studies showing that immigrants are less likely to commit crimes than native-born citizens are often cited by opponents of such legislation.

The new law requires prison officials to cooperate with U.S. Immigration and Customs Enforcement (ICE) to determine the legal status of prisoners.

Non-compliance by local authorities, characterized by the failure to verify immigration status, now constitutes a criminal offense under this law.

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Additionally, the law forces local jails to apply for 287(g) agreements, which authorize jail staff to perform immigration law enforcement duties within jail facilities.

However, the future of these agreements remains uncertain as the Biden administration no longer prioritizes such collaborations.

The second piece of legislation Governor Kemp signed goes into effect July 1 and will require cash bail for 30 additional crimes.

This law also limits the number of individuals an individual or a charitable surety fund can serve without being registered as a surety company.

This expansion of cash bail requirements marks a departure from previous reforms that aimed to reduce reliance on misdemeanor bail, a policy backed by former Governor Nathan Deal in 2018.

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The new law is defended on the grounds that it is necessary to prevent the repeated release of offenders who pose a threat to the safety of the community.

Lt. Governor Burt Jones supported the bill, saying, “Too often we’ve seen some of our cities or counties, it’s been a revolving door of criminals.”

While the law gives judges discretion to set low bail amounts, it raises concerns about worsening jail overcrowding and potentially disproportionately punishing poor defendants.

These legal changes in Georgia reflect a broader national trend in which states have become increasingly polarized over immigration enforcement and the use of cash bail.

This trend underscores the varying approaches to addressing public safety and justice as debates over these issues continue to unfold across the country.