Controversies Surrounding Signed Immigration Bill by Georgia Governor

Controversies Surrounding Signed Immigration Bill by Georgia Governor

Governance can be very challenging. Leaders have to make decisions based on some prevalent factors, but the governed may react differently. Hence, there is a reason for balance and caution. 

“Over time, the United States has been battling with immigration issues. When governments make any law concerning immigration, it will lead to arguments and counter-arguments,” says immigration law attorney Zaira Solano of Solano Law Firm.

When Georgia Governor Brian Kemp assented to an immigration bill in the second quarter of 2024, it generated some controversies. This article considers the controversies surrounding the new immigration law.

What the New Law Entails

On Wednesday, May 1, 2024, Governor Brian Kemp signed a controversial immigration bill into law, commonly referred to as ‘Georgia HB1105′”

According to the law, sheriffs’ offices must liaise with federal officials on suspects in their custody who may be undocumented immigrants. Failure to comply may lead to a loss of funding. 

The law also contains specific requirements for how prison officials should liaise with Immigration and Customs Enforcement (ICE) to verify prisoners who are in the country unlawfully. Knowingly and willfully ignoring this part of the law can result in misdemeanor charges for jailers.

Georgia HB1105 also states that local jails must apply to participate in the 287(g) pact with ICE. This allows local jailers to help enforce immigration laws. 

The law will help identify incarcerated individuals who are billed for deportation. President Joe Biden has publicly de-emphasized the program. Regardless, the Governor believes the new Georgian immigration law will help achieve the desired purpose. 

The Cause of the New Law

After an undocumented immigrant allegedly murdered Laken Riley, a 22-year-old nursing student in Georgia, the need for an immigration law became pressing. The incident further intensified the tension on immigration policies in an election year.

Law enforcement officers arrested Jose Antonio in connection with the crime. Antonio, a Venezuelan national resident in Athens, was initially arrested in New York in 2022 for unlawful entry. He was later arrested in 2023 for allegedly engaging in conduct harmful to a child. 

However, New York officials released him before the ICE could apprehend him. Thus, they could not take him into custody. This gave him the opportunity to reenter the community and eventually allow him to kill Riley. 

What the Governor Said Concerning the Law

Governor Kemp believes the new law will fulfill its aim of enhancing public safety. Kemp observed that the bill became one of the state’s “top priorities” after the tragic murder of Laken Riley by an undocumented immigrant. 

Kemp further remarks that whether documented or not, everyone should be answerable for their crimes. Hence, the law will hold illegal immigrants who commit crimes in the state accountable for their actions. 

Perspective of the Opponents of the Law

Opponents of the new law maintain that previous laws that have attempted to use local authorities to uphold immigration law were largely unsuccessful. They also believe that Georgia HB1105 would erode trust between Latino communities and officials. 

According to Jerry Gonzalez, the chief executive of an Atlanta-based Latino advocacy group, GALEO, law enforcement depends on community policing strategies to observe happenings within the community. As a result, the law may deter the Latin community from calling law enforcement should they witness a crime. He maintained that this was what the absence of trust could lead to. 

He cites an example using the 287(g) program, which was in place in Cobb and Gwinnett counties, heavily dominated by Latinos. Following the enactment of that law, residents preferred to call him directly to report crimes instead of approaching the police. 

So, when a sheriff campaigned for terminating the 287(g) program, he won the election by a landslide. According to Gonzalez, his advocacy group also documented substantial racial profiling in the counties when their sheriff’s offices participated in the 287(g) initiative. 

The Stance of Other Advocacy Groups

Other advocacy groups say they have no issues with the law as long as it only focuses on suspects in custody. However, they all have one fear. Since sheriff’s officers serve as the local police authorities and jailers in some counties, the enforcement of the law may spill over into some local communities. 

Dalia Perez, the mouthpiece of Georgia Latino Alliance for Human Rights, says cases of racial profiling may skyrocket due to the law. In opposition to the bill from its onset, Perez’s group conducted a three-day protest before Governor Kemp assented to it.

Similarly, the American Civil Liberties Union (ACLU) and other groups said the 287(g) program has contributed to abuses and civil rights breaches. An ACLU report indicates that xenophobic officers now have the power to falsely detain some individuals they suspect of being undocumented to prepare them for deportation. 

Final Words

If you believe your rights are affected by the new law, consult a Georgia immigration attorney. A qualified attorney can help protect your rights and provide essential legal guidance. The attorney will protect your rights and fight for your justice.