Georgia governor signs law requiring jailers to check immigration status of prisoners

A bill passed in Georgia that was influenced by the death of a University of Georgia nursing student accused of being beaten to death by a Venezuelan on campus, requires jailers to check inmates’ immigration status and to apply to enforce federal immigration laws.

Gov. Brian Kemp, the Georgia Public Safety Training Center’s Director of Law and Justice, signed the bill Wednesday. The majority of provisions are effective immediately.

The Republican Governor signed a separate bill that required cash bail for an additional 30 crimes. It also restricted people and bail funds to only post cash bonds for three people per year, unless they met the requirements for becoming a bail company. This law goes into effect on July 1.

Kemp stated Wednesday that House Bill 1105, the immigration bill “became a top priority following the senseless deaths of Laken Riley by someone who was in the country illegally and had been arrested before even crossing the border.”

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Jose Ibarra has been arrested for murder and assault in the death Laken Riley, 22 years old. Immigration authorities claim that Ibarra, 26 years old, illegally entered the United States 2022. Uncertain whether he applied for asylum. Riley’s death sparked a political firestorm as conservatives blamed President Joe Biden over immigration failures.

Kemp stated that “we will not let your crimes go unanswered” if you enter our country and commit crimes in our community.

Opponents claim that the law will make local law enforcement officers into immigration police, causing immigrants to be less willing than native-born Americans to report crimes and work with officers. The opponents also point out that immigrants are less likely to commit crime than native-born Americans.

The law outlines specific requirements on how jail officials must check with U.S. Immigrations and Customs Enforcement to determine if prisoners are in the country illegally. Georgia law had previously encouraged jailers to check immigration status, but now it is a crime to “knowingly” and “willfully” fail to do so. The bill also would deny funding from the state to local governments who don’t comply.

A 287(g), or agreement, with ICE is also required by law. This allows local jailers to assist in enforcing immigration laws. The number of applications that will be accepted is unknown because the administration of President Joe Biden has downplayed this program. Local law enforcement is not empowered to make immigration arrests outside of jails under the program.

Republicans said Senate Bill 63 requiring cash bail is necessary to keep criminals in prison, even though this erodes the changes made by Republican Governor. Nathan Deal fought for judges to be able to release people charged with misdemeanors on bail in 2018.

“We’ve seen it too many times in some of our counties or cities, that criminals are revolving through the door,” said Republican Lt. Governor Burt Jones. Burt Jones.

Supporters of the reform said that judges will still be able to decide on very low bails. The 2018 reform that requires judges to consider someone’s ability to pay will still be law.

The move could leave poor defendants behind bars for crimes they will never be charged with and worsen the overcrowding of Georgia’s county jails.

This is part of an effort by Republicans to increase the reliance on cash bonds, while some Democratic-led jurisdictions have banned cash bail or severely restricted its use. This split was illustrated last year, when a court upheld Illinois’ plan to abolish cash bonds. Meanwhile, voters in Wisconsin approved a constitutional amendment allowing judges to consider past convictions of violent crimes before setting bail.