Contrary to GA law
UPDATE: “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities…”
Newly sworn Gwinnett County Sheriff Keybo Taylor, January 1, 2021 as reported by the Associated Press.
–> This is a good time to remind all concerned that deferred action on deportation (including DACA) does not confer lawful presence or legal status. And if DACA recipients had entered the U.S.A. lawfully they would not require deferred action on deportation.
Shorter: Illegal aliens with DACA are illegal aliens. See here.
Subsection (e) requires the Georgia Sheriff’s Association to prepare guidelines and procedures which can be seen here.
“If the foreign national is determined to be an illegal alien keeper of the jail or other officer shall notify the United States Department of Homeland Security…”
O.C.G.A. § 42-4-14
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 * According to Legislative Counsel this sentence, using the term “felony,” is merely a ‘catch phrase’ written by Nexus Lexus to describe the law. It is inaccurate and will be corrected. The law applies as written, see subsection (c).
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.
9 Dec 2020
The Dustin Inman Society
Expert on Georgia E-Verify laws files detailed complaints against Georgia state Representitive Kasey Carpenter and City of Dalton officials
* County Sheriff declined to investigate. * GBI reportedly has possession of complaints.
Complaints involve violation of E-Verify law for private employers (OCGA 36-60-6) protection of Public Benefits (OCGA 50-36-1) and filing false documents/obstruction of public administration (OCGA 16-10-20).
Pro-enforcement immigration activist D.A. King filed two detailed and well-researched complaints in Dalton, Georgia on September 29, 2020. One against the officials in the City of Dalton and another involving Dalton business owner Kasey Carpenter. Carpenter is also a state Representative.
Complaint # 1 (Dalton officials) here.
Complaint # 2 (Carpenter) can be read here.
King reports that he cannot find any prosecution or sanction for violation of the 2011 private employer E-Verify law but doubts it is the first law in memory that sees 100% compliance. “Filing false documents and obstruction of public administration is a serious charge as is the betrayal of public trust,” says King.
“I spent weeks on my own investigation and dealing with open records requests” said King. “Interest and concern with violations of these laws seems to be totally absent on the part of officials at multiple levels in the state.”
Email reply from Whitfield County Sheriff can be seen here. The complaint was later sent to the Conasauga Circuit District Attorney. Any investigative reporter interested in government transparency and equal application of the law can see the entire detailed narrative on the blog at the original DIS website.
“We have already shared this story with several news outlets and do not expect coverage of violation that involves illegal immigration. We note from long experience a lack of media willingness to focus on the absence of enforcement of the laws intended to deny jobs to black market labor in Georgia. But this release will serve as a marker in the future,” added King.