Open records request Re; OCGA 42-4-14

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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

Because of a mixup here (entirely my fault), the fact that the below ‘reciprocity’ bill (HB 147) has an identical companion bill in the state senate was left out of the write-up. SB 45 has all the same problems and “free market” lobbyist drivers as HB 147. The text of SB 45 is here as are all of the sponsors. I was told there would be an amendment to require any reciprocity for professional licenses to adhere to the intent and language of existing verification law. I do not see an amendment reflected in this official current version of the bill.

Update: 4:50 PM Feb 11. – SB 45 has been amended (lines 45 & 46. You may need to hit refresh) to require compliance with the verifciation system in OCGA 50-36-1. We are grateful to Sen. Bruce Thompson.

To save time and confusion we list the sponsors – dak:

Thompson, Bruce	14th
2.	Albers, John	56th
3.	Gooch, Steve	51st
4.	Mullis, Jeff	53rd
5.	Beach, Brandon	21st
6.	Cowsert, Bill	46th
7.	Payne, Chuck	54th
8.	Anavitarte, Jason	31st
9.	Dugan, Mike	30th
10.	Harbin, Marty	16th
11.	Hickman, Billy	4th
12.	McNeill, Sheila

 

“The legislation is a rerun of a very similar bill last year from now-departed Rep Scot Turner (R- Holly Springs) that expired due to an excessive amount of scrutiny.”

Republicans calling themselves conservatives while proudly espousing “free markets” should not be allowed to ignore the fact that Georgia and the U.S. have a debilitating illegal immigration problem. One that is on its way to record and epic national proportions under the Biden Regime while it is totally ignored here by Governor “I have a Big Truck” Brian Kemp.

Under Georgia’s Gold Dome, Rep Heath Clark (R – Warner Robins) has introduced HB 147 that we are reliably informed is the work of Marc Hyden who is Director of State Government Affairs at the Libertarian Washington D.C. lobbying entity called ‘R Street” (“Free markets. Real solutions”). The bill is aimed at “reciprocity” in professional licensing. The nutshell explanation of the idea is that if an individual who holds a professional license in any other state relocates to Georgia, most of the current professional licensing process is waived.

Shorter: “Ya’ll come! If you or your employees have already been licensed by California, New York or any other state, we fast-track professional licensing and put your company to work in a flash, because “number one for business!”

Clark has lined up a list of Republican co-signers who we are guessing don’t spend a lot of time thinking about illegal immigration or the fact that illegal employment is the main driver behind Georgia being home to more “undocumented workers” than green card holders.

With the thought that more voters should read pending legislation, along with a list of co-sponsors, below is the active ingredient in Rep Heath Clark & Co.’s bill:

HB 147

LC 36 4490

Sponsor: Rep Heath Clark ( R-Warner Robbins)

Visible Co-sponsors

Rep Rick Jasperse (R- Jasper)

Rep Bruce Williamson (R-Monroe)

Rep Dale Washburn (R-Macon)

Rep Chuck Martin (R- Alpharetta)

Rep Wes Cantrell (R-Woodstock)

 Beginning on line 33

“Notwithstanding any other provisions of law, a professional licensing board or other

 board shall issue a license by endorsement to any individual that:

Moves from another state and establishes residency in this state;

Holds a current license to practice such occupation or profession issued by another

state that was acquired prior to moving from another state and establishing residency in

this state for which the training, experience, and testing are substantially similar in

qualifications and scope to the requirements under this state to obtain a license;

Is in good standing in such other state; and

Passes any examination that may only be required to demonstrate knowledge of the

laws and rules and regulations of this state specific to the practice of the profession,

business, or trade for which such license by endorsement is being sought…”

*Emphasis mine. dak

The legislation is a rerun of a very similar bill last year from now-departed Rep Scot Turner (R- Holly Springs) that expired due to an excessive amount of scrutiny.

Apparently either nobody involved with Clark’s dollar-first legislation has given thought to illegal immigration – or they just don’t care.

Current state law screens professional license applicants for U.S. citizenship or immigration status. If the entire law (OCGA 50-36-1) were actually enforced, it would go a long way to reducing the illegal population. Professional licenses are on the list of  ‘public benefits’ in Georgia code that this writer has been involved with creating, improving and protecting since 2006. Not always successfully.

HB 147 would end screening process for immigration status

If Clark and his co-sponsors were to be successful in putting the R Street ‘free market’ reciprocity ideology into state law as currently written , the process for screening out black market labor goes away. It is indisputable that making life difficult for illegal immigration results in a reduction of illegal aliens and HB 147 makes Georgia more hospitable to that group.

Shorter: “So what even more illegal aliens are flocking to Georgia to set up businesses to hire more illegal aliens – we are making mo’ money and are number one for business!”

Clark’s bill is gathering growing criticism. Dismantling longstanding state law aimed at preventing black market labor from accessing professional licenses is not a “real solution” to the fact that American families are struggling to make ends meet.

The slippery slope theory in politics dictates that soon after a bill like HB147 becomes law we would watch as the same reciprocity concept will be pushed for foreign-issued professional licenses.

International reciprocity on drivers licenses already here

Most Georgians have no idea that while we do still require a vision test, the Georgia Department of Drivers Services (DDS) already does reciprocity for drivers licenses issued by the Republic of South Korea. Because “number one for business…”

Two GA Republican state House members and Democrat Congressman Steny Hoyer  give us all something to think about on priorities, jobs and American workers.

Hoyer first, from his twitter feed Feb 4, 2021:

Now, the Georgia Republicans from a February 5, 2021 report (“Committee would look at aid to foreign workers”) on a specially-formed Georgia House sub-committee meeting in today’s Insider Advantage Georgia, a subscription news outlet:

Georgia state Rep Wes Cantrell, (R) Woodstock:

State Representative Wes Cantrell (R- Woodstock) believes one way to address workforce development in Georgia — specially as a result of the pandemic — is to establish a committee that would be tasked with looking at  “innovative ways to maximize global talent in the state.”

“Throughout my term in office, I have heard a lot of talk about workforce development, but I believe one piece is missing,’ said Cantrell during the Small Business Development subcommittee meeting Thursday morning. “I think we need to look at foreign-born Georgians and try to determine what is hindering them from getting good jobs. Is it outdated regulations, is it inappropriate barriers that need to be removed? Whatever the cause we need to identify the barriers and find ways to resolve the issue.”

Georgia state Rep Steve Tarvin, (R) Chickamauga  

“I am convinced that we can’t make it without the labor force from other countries,” said Representative Steve Tarvin (R-Chickamauga), who followed this by asking for clarification on “the hindrances to gainful employment for foreign-born Georgians.” 

For the uninitiated, this is a dollar-first agenda likely aimed at ending or further gutting the state’s occupational licensing and/or  E-Verify laws, which make many employers uncomfortable, but are not actually enforced – or even mentioned by the Georgia GOP establishment led by Gov. Brian Kemp.