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.

From an ICE report on 287 (g) results:

Georgia – On Oct. 16, the Gwinnett County Sheriff’s Office 287(g) Program encountered a citizen of El Salvador charged with aggravated child molestation by sodomy, obscene contact with a child, use of computer service to seduce, solicit, lure or entice a child to commit an illegal act, and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.

ICE publishes monthly report on enforcement actions due to cooperative agreements

Note: The incoming sheriffs in Gwinnett and cobb counties have promised the illegal alien lobby they will end the 287(g) agreements with ICE when they take office in January, 2021. We will try to track the consequences. We do not expect the same from the Associated Press or the liberal AJC.

WASHINGTON – A Honduran national charged with three counts of aggravated sexual assault of a child and a Guatemalan national charged with carjacking, aggravated assault and battery are examples of the most egregious cases of detainers placed in October by local law enforcement officials with delegated 287(g) authority from U.S. Immigration and Customs Enforcement (ICE), as detailed in the latest monthly report. The 287(g) program, authorized by Congress, allows local law enforcement agencies to participate as an active partner in identifying criminal aliens in their custody, and placing ICE detainers on these individuals.

ICE’s 287(g) reports detail examples of enforcement actions made as a direct result of the cooperation agreements between state and local law enforcement partners and the federal agency.

 

The October report highlights action taken in cases involving significant threats to public safety:

Georgia – On Oct. 16, the Gwinnett County Sheriff’s Office 287(g) Program encountered a citizen of El Salvador charged with aggravated child molestation by sodomy, obscene contact with a child, use of computer service to seduce, solicit, lure or entice a child to commit an illegal act, and placed an immigration detainer and warrant on the subject. The subject entered the United States on an unknown date and location without inspection.

Maryland – On Oct. 15, the Harford County Sheriff’s Office 287(g) Program encountered a citizen of Turkey sentenced to 20 years imprisonment for the conviction of rape 2nd degree and assault 2nd degree, and placed an immigration detainer and warrant on the subject. The subject entered the United States as a crewman and adjusted status to that of a lawful permanent resident.

Under the 287(g) program, ICE has 77 jail enforcement model agreements in 21 states and 74 warrant service officer model agreements in 11 states.

ICE does not require law enforcement agencies to participate in 287(g). In fact, law enforcement agencies must request to participate in the 287(g) program and enter into a memorandum of agreement that defines the scope, duration and limitations of the delegation of authority. It also sets forth the training requirements, the terms of ICE supervision, and requires the partnering law enforcement agency to follow U.S. Department of Homeland Security (DHS) and ICE policies when its designated immigration officers perform delegated immigration enforcement functions.

The 287(g) program allows ICE to have a presence at local jails across the country. Through training and with oversight, local officers can screen those booked into local custody on criminal charges and process the immigration case for ICE supervisory review.

The goal of 287(g) is to enhance public safety by identifying aliens, lodging immigration detainers, and initiating removal proceedings by issuing charging documents on criminal and removable aliens booked into the jail facility.

Law enforcement agencies interested in becoming a partner under the 287(g) program are encouraged to email ERO287g@ice.dhs.gov for more information on how to apply. Here.