Open records request: Fulton County Sheriff – Re: Compliance OCGA 42-4-14

Photo: Fulton County Government.

The below email was sent (forwarded return mail rejected because of bad address on website) to the Fulton County Sheriff Feb 16, 2021 at 12:04 PM, Feb 16, 2021 after phone conversation with staffer. Sent to Pat.labat@ fulto. Also to Fulton Co. Attorney.

Note: We also sent open records requests to Gwinnett Sheriff and Cobb Sheriff.

Begin forwarded message:

From: “D.A. King” <D

Subject: open records request Re; OCGA 42-4-14

Date: February 16, 2021 at 11:25:23 AM EST

To: Patrick.Labat@ ful

Cc: steven.rosenbev, Dexter.Jenkin, Adam.Le, Derrick.Single

Fulton Co. Sheriff Patrick Labat. Photo: Ballotopedia

Sheriff Labat,

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 Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021.

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, booking 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

Marietta, GA. 30066

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 received the below response at 1:28 PM same day.

Dear D.A. King:

Thank you for submitting an Open Records Request to Fulton County, Georgia.

The County received your Open Records Act request dated February 16, 2021 and has assigned the reference number R001016-021621 for tracking purposes.

Record(s) Requested: 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 records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021. 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, booking 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.

We will send out the request to the appropriate department(s). If you should have any questions or concerns about the requested documents, please feel free to contact the Fulton County Open Records team. If there should be a cost associated with the Open Records Request we will contact you in a timely manner.

Fulton County has a new Open Records Center that allows you to submit and track Open Records Act requests. Please visit the link below to monitor request progress and submit future requests.

Open Records Center

Fulton County Open Records

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All lives matter.

A version of the below column was posted yesterday (March 8) on the widely read subscription website, Insider Advantage Georgia. It was also sent to every Republican member of the Georgia House early yesterday morning. Yesterday was “Crossover Day” in the Republican-majority Georgia General Assembly, after which any bill that did not pass out of either chamber is dead for the year – unless it is attached to another bill that did cross over. HB 120 was set to pass but an oversupply of education distributed to grassroots GOP voters stopped it.

Americans win one. After much labor, as of about 10:45 PM March 8, HB 120 is now as dead as Pancho Villa for 2021 (see above caveat).

Conservative Georgia voters are “give-me-that-phone” outraged that HB 120 passed out of the Republican-controlled House Higher Education Committee last week. Sponsored by Rep. Kasey Carpenter, R-Dalton, the bill adjusts Georgia law so illegal aliens pay far less in the public post–secondary education system than Americans and legal immigrants who live in most other states.

It’s being called “equity.” And “workforce development.”

Dalton Rep Kasey Carpenter. Photo: Ga House.

The measure is aimed specifically at recipients of former President Barack Obama’s Deferred Action for Childhood Arrivals (DACA). This is notable in that contrary to Carpenter’s previous claims and agenda-driven, inaccurate media reports, the bill as moved actually now does contain reference to “DACA” for the first time. Including the billionaires at the little-known FWD.us lobbying corporation, Carpenter has widespread and effective support from the usual special interest suspects.

HB 120 advanced last Thursday by a 16-4 vote in the 25–member committee with all Democrats “present” (it was a ‘hybrid’ meeting) except, apparently, Rep Scott Holcombe. With the exception Rep Calvin Smyre, they all voted “yes.” Smyre is the Dean of the House. He voted “here.”

Republicans Trey Kelly and David Knight were absent.

Voting with the Dems were Republicans Carpenter, Clay Pirkle, Dale Washburn, Marcus Wiedower, Rick Williams, Robert Dickey, Bert Reeves and Katie Dempsey.

The last two names deserve extra attention. Before the vote, Reeves offered public remarks to Carpenter thanking him for his courage and inspiration in sponsoring the illegal alien-friendly legislation and cited un-named “blatant lies” involved in the widespread opposition to the bill. Reeves was not a sponsor of HB 120.

Dempsey’s “yes” vote appears to reflect a leftward evolution in that she was a co–sponsor of Georgia’s nationally–publicized, pro-enforcement ‘Illegal Immigration Reform and Enforcement Act of 2011 (HB87).  

GOP Rep. Katie Dempsey. Photo: General Assembly website.

Currently, illegal aliens – including DACA recipients – must pay out-of-state tuition in the public-funded higher education schools that allow them to attend. For academic year 2020-2021, the average tuition & fees for Colleges in Georgia was $4,732 for in-state and $17,060 for out-of-state.

Without so much as a nod to Georgia Orwell, in place of the words “in–state tuition,” the latest language in Carpenter’s HB 120 creates a new tier of charges called “Opportunity Tuition.”

The new “opportunity tuition” rates for illegal aliens with DACA would be no more than 110 percent of the in–state rate. The illegal alien beneficiaries would be known as “Opportunity Students.”

The gimmick is actually quite ingenious in a Snidely Whiplash sort of way. But we are guessing that an immigrant family in Michigan or New York etc. who obeyed our laws to join the American family will disagree. They may not grasp why they must pay much more for the opportunity to send their kid to Kennesaw State University than a family who illegally jumped a border fence (or overstayed their visitor visa) for the opportunity to live illegally in the Peach State.

According to DHS, Georgia is home to more illegal aliens than Arizona.

Word is that at least some of the Regents were given the opportunity to learn about the proposed new tuition structure well after Thursday’s committee vote.

If the House Rules chairman sends HB 120 to the floor, now wide-awake Republican voters will have the opportunity to see how their representatives vote on special treatment for “‘victims of borders” in college tuition. It will be a timely lesson, as there are tens of thousands more on their way right now.

The HB 120 bill language, committee voting record and a link to the official video of the March 4, 2021 committee meeting can be seen here. Previous InsiderAdvantage Georgia coverage of HB 120 here.

D.A. King is president of the Dustin Inman Society and proprietor of ImmigrationPoliticsGA.com

O.C.G.A. § 42-4-14

Copy Citation

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.

(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.

The Dustin Inman Society Blog

Americans win one. After much labor, as of about 10:45 PM March 8, HB 120 is now as dead as Pancho Villa for 2021 (see above caveat).

Dustin Inman Society page A-1, New York Times

D.A. King talks amnesty, “hate” and “immigrants” with Jorge Ramos on Univision

MUST SEE: Tyler O’Neil: Making Hate Pay: The Corruption of the Southern Poverty Law Center.

The Great Terry Anderson (RIP) on illegal immigration in Los Angeles. – 2009

Terry Anderson video, part 2 – Birthright Citizenship

Photo: mdjonline.com

Days since GA Gov. Brian Kemp promised action on 'criminal illegals,' sanctuary cities, a criminal alien registry and related legislation:

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