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.  

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–> 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.

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“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

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 * 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

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.

Media Release

9 Dec 2020

D.A. King

The Dustin Inman Society

NewDustinInmanSociety.org

 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.

This link goes to master file on DIS blog.

“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.

Ending local assistance in immigration enforcement will result in American family separation

We hope Stephen Dinan’s recent report (“Democratic wins in Georgia create more sanctuaries”) on Democrats winning elections for sheriffs here in metro Atlanta’s Cobb and Gwinnett counties sees a follow-up in about a year’s time. We want the rest of the nation to see what we know is coming as a result of George Soros and corporate-Georgia’s funding of the anti-enforcement lobby’s 13-year push to end the 287(g) agreements in these county jails.

We know from sad experience that American citizens are going to be hurt or killed by individuals who have no legal right to be in the U.S. after they have been released from our jails.

According to the Department of Homeland Security, Georgia is home to more illegal aliens than is Arizona. The Migration Policy Institute says we have more illegal aliens than Lawful Permanent Residents (green card holders) and that Gwinnett’s illegal alien population is almost 8% of its total. Cobb County is not far behind.

Illegal aliens who have been captured by arrests for additional crimes are currently detected using the authority the feds provide in the respective 287(g) programs and reported to ICE for further action — including removal to their home countries.

After Jan. 1, 2021, sanctuary will be the new protocol. An illegal alien arrested for driving without a drivers license or another “minor offense” will be put back on the streets of Georgia. It should be noted that by federal law, all illegal aliens are deportable.

Nobody asked metro-Atlanta resident Kathy Inman her views on the new illegal alien-friendly arrangement. Somebody should have. In 2000, Gonzalo Harrell-Gonzalez had multiple contacts with various local law enforcement agencies for traffic violations but despite being in the country illegally was released each time.

Literally thousands of American families have suffered at the hands of illegal aliens who were released from custody by “progressive” law enforcement officers. But these families’ horror is quietly regarded as merely “the cost of doing business.”

Readers outside “the Peach State” should know that Georgia state government is long a totally Republican-owned and operated affair that endlessly boasts of the status of “best state in which to do business.”

The same corporate-funded, far-left groups that worked to attack law enforcement for using 287(g) with hate-filled race-baiting have proudly provided an answer: Between 2016 and 2020, Georgia’s number of Hispanic voters swelled by 72%, according to analysis by the Democratic firm TargetSmart. They also boast that most of these new voters are young, first-time voters.

So, in formerly solid Republican Georgia, where did much of the new votes come from to end 287(g) (and help elect a Democratic president)?

The new voters are mostly the U.S.-born offspring of the illegals who have been allowed to provide the black-market labor the Establishment Republican officials count on to keep wages low and profits high. Simply put, “anchor babies” do not vote Republican. Who knew, right?

We have taken to referring to our new state as “Georgiafornia.”

• D.A. King is president of the Georgia-based Dustin Inman Society which is dedicated to immigration enforcement.

Original guest column here. A version with added educational links here.

“Outsiders watching Georgia should know that this is only the end of the beginning of the Democrats’ takeover of a Republican stronghold,” said D.A. King, president of the Georgia-based Dustin Inman Society, which pushes for enforcement of immigration laws. “The 287(g) programs in both counties served to constantly reduce the overall jail population. The howls from the leftists that 287(g) was too successful should be remembered when illegal aliens released for ‘minor offenses’ go on to hurt or kill Americans in Georgia.”