Open records request Re; OCGA 42-4-14
The below email was sent Feb 15, 2021 at 11:36 AM
Please regard this email as my official request for copies of public records.
Please send me copies of any and all documents, emails, phone logs or any record, including
electrons (electronic) records in your office pertaining to and or associated with any arrest, custody or incarceration of one Christian Noel Velasquez who news reports say was arrested on Feb 7, 2021 and is confined in the Gwinnett County jail.
Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien.
Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject.
I expect my request to be expanded.
Thank you in advance for a timely and relevant response.
As an informative courtesy, I paste below the entire code section OCGA 42-4-14.
2984 Lowe Trail
Marietta, GA. 30066
O.C.G.A. § 42-4-14
Current through the 2020 Regular Session of the General Assembly
§ 42-4-14. “Illegal alien” defined; determination of nationality of person charged with felony and confined in a jail facility
(a) As used in this Code section, the term “illegal alien” means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.
(b) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined.
(c) When any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the foreign national, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated by the federal government. If the foreign national is determined to be an illegal alien, the keeper of the jail or other officer shall notify the United States Department of Homeland Security, or other office or agency designated for notification by the federal government.
(d) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that upon verification that any person confined in a jail is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law.
(e) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.
Code 1981, § 42-4-14, enacted by Ga. L. 2006, p. 105, § 5/SB 529; Ga. L. 2008, p. 1137, § 4/SB 350; Ga. L. 2009, p. 8, § 42/SB 46; Ga. L. 2009, p. 970, § 2/HB 2; Ga. L. 2011, p. 794, § 13/HB 87.
I support the police.
All lives matter.
Response received Feb 16, 2021 at 10:33 A
Your Open Records Request has been added to the online Gwinnett County Open Records Center. For future requests, you may access the online portal at the link below. This portal will allow you to create and track your requests, make payments, communicate with County staff, and view responsive files. Thank you and have a great day.
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770.822.8712 | 75 Langley Drive, Lawrenceville, GA 30046 | www.gwinnettcounty.com