Open records request - Gwinnett County Sheriff's Office Re: compliance OCGA 42-4-14

Gwinnett County, GA Sheriff Keybo Taylor. Photo: WXIA/Twitter

Open records request Re; OCGA 42-4-14

—> Booking info here

RESPONSE HERE.

The below email was sent Feb 15, 2021 at 11:36 AM

Sheriff Taylor,

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 (original link expired, replaced 30July 2022) 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.

D.A. King

2984 Lowe Trail

Marietta, GA. 30066

404-316-6712

O.C.G.A. § 42-4-14

Copy Citation

Current through the 2020 Regular Session of the General Assembly

GA – Official Code of Georgia Annotated

TITLE 42. PENAL INSTITUTIONS

CHAPTER 4. JAILS

ARTICLE 1. GENERAL PROVISIONS

§ 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.

History

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.

Gwinnett County Open Records Center

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Meagean Diaz | Open Records Officer, Law Department | Gwinnett County Government
770.822.8712 | 75 Langley Drive, Lawrenceville, GA 30046 | www.gwinnettcounty.com

Center for Immigration Studies

DREAMers’ are just the bait; “citizenship for all 11 million, or however many” illegal aliens there are here is the hoo

By Andrew R. Arthur on November 17, 2022

On November 16, Senate Majority Leader Chuck Schumer (D-N.Y.) held a press conference in front of the Capitol in which he called for amnesty for “DREAMers”, aliens brought illegally to the United States as children. As he did so, however, he pulled back the curtain on his end game – to “get a path to citizenship for all 11 million, or however many undocumented, there are here”. The DREAMers are the bait, while a full and total amnesty is the hook.

DREAMers, In Brief. Amnesty legislation for aliens who arrived in their youth has a long, but not particularly successful pedigree. Here’s a brief recap.

In August 2001, then-Sen. Orrin Hatch (R-Utah) introduced a bipartisan “DREAM Act”, which included 18 cosponsors. That bill would have granted amnesty to aliens unlawfully present for five years who entered under the age of 21, and who met certain work and educational requirements.

The timing of that bill could not have been worse, because less than six weeks later, the September 11 attacks showed how foolhardy such blanket amnesties were. Nonetheless, similar “DREAM Acts” were subsequently introduced in later Congresses.

One bears special note. In March 2009, Sen. Richard Durbin (D-Ill.) offered up the “DREAM Act of 2009” during the 111th Congress.

At that time, Barack Obama was president, Democrats held an overwhelming majority in the House, and from September 24, 2009 (when Democrat Paul Kirk was appointed to fill the seat of the late Democratic Massachusetts Sen. Ted Kennedy) through February 4, 2010 (when Republican Scott Brown was elected to fill Kennedy’s seat), Democrats held a filibuster-proof majority of 60 seats in the Senate.

Obama’s fellow Democrats could have passed any bill they wanted – including and in particular the DREAM Act of 2009 – without any Republican votes at all. But that bill went nowhere. Cosponsor and then-Senate Judiciary Chairman Pat Leahy (D-Vt.) did not even bring it up for a vote in committee.

That said, two Republican senators – Mel Martinez (R-Fla.) and Richard Lugar (R-Ind.) – were cosponsors of the DREAM Act of 2009, so they probably would have blocked a filibuster even during the months Democrats only controlled a measly 59 seats in the upper chamber.

Obama blamed Republicans for the failure to pass a DREAM Act, but the fault really lies with him and congressional Democrats alone – DREAM Act legislation simply was not a priority for a party that held a hammerlock on the legislative process.

The popularity of legislation to “protect” the DACA population has been a key talking point for years (I was the punching boy for Democrats at a House hearing on the issue in March 2019), but let’s face it – if it really were all that popular, it would have been a shoo-in in the 111th Congress.

DACA. The failure of DREAM Act legislation led to a program called “Deferred Action for Childhood Arrivals” or DACA. It grants quasi-legal status to aliens who entered the United States while under the age of 16 before June 15, 2007, who are currently under the age of 41, who meet certain educational standards, and have not been convicted of certain crimes.

DACA was not created by Congress, or even by executive order or executive action (for what that is worth). It’s the product of a memo issued by then-DHS Secretary Janet Napolitano on June 15, 2012. In my considered legal opinion, Napolitano lacked the authority to create DACA (the Fifth Circuit ruled in October that the program is unlawful, but the Supreme Court has yet to weigh in), but in any event, it sets a bad precedent.

Want proof? Here’s what the editorial board of the Washington Post had to say when President Obama was considering expanding DACA to include parents of U.S. citizens and lawful permanent residents in 2014:

The president should think twice. Some of the same Democrats and pro-immigrant advocates urging him to protect millions of undocumented immigrants from deportation would be outraged if a Republican president took a similarly selective approach to enforcing the laws — say, those that guarantee voting rights or prohibit employment discrimination.

Obama ignored the Post editorial board and created something called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). DAPA proved to be a bridge too far for Texas and several other states, who successfully sued to block its implementation.

Despite all of this, DACA continues, and the Biden administration recently issued a new rule, effective October 31, “to preserve and fortify” the decade-old program.

A Sympathetic Population. The DACA population is admittedly sympathetic. The vast majority of the approximately 650,000 current DACA beneficiaries were removable a decade ago, but in the intervening years they have been living in a quasi-legal status thanks to some questionable administrative actions.

Even President Trump, in his 2018 State of the Union address, offered up a plan to legalize not just DACA recipients but also a total of 1.8 million “DACA-eligible” aliens – more or less the same individuals covered by the DREAM Act…. please read the rest here at the CIS website.