From the 2018 Georgia gubernatorial campaign “Brian Kemp’s Track and Deport Plan”

As governor, conservative businessman Brian Kemp will create a comprehensive database to track criminal aliens in Georgia.  He will also update Georgia law to streamline deportations from our jails and prisons.

Brian Kemp’s Criminal Alien Database Summary:

• Aggregates data from state, local, and federal law enforcement and other criminal justice agencies;
• Tracks the number of arrests, convictions, deportations, and categorizes the crimes committed by criminal aliens;
• Destroys silos and provides law enforcement with sophisticated tools to track organized crime, gang, cartel connections like MS-13;
• Creates valuable data for lawmakers to develop common sense legislation that curbs illegal immigration in Georgia;
• Includes opportunities for partnerships with President Trump, local universities;

Legal and Factual Basis for Kemp’s Criminal Alien Database:

• The Georgia Crime Information Center (“GCIC”), a division within the Georgia Bureau of Investigation (“GBI”), will aggregate data from state and local criminal justice agencies such as law enforcement and prosecutors to create a Criminal Alien Database that reveals the historical arrest and conviction data associated with criminal aliens.
• The GCIC is currently responsible for providing complete, accurate and timely information about crime, criminals, and criminal activity in Georgia. (O.C.G.A.35-3-31).
• The GCIC regularly collects fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who have been arrested or taken into custody for a felony, significant misdemeanors, and other situations such as being a fugitive. (O.C.G.A. 35-3-33)
• The Uniform Crime Reporting Program (UCRP) tracks offenders through the use of an Offender Tracking Number (OTN) and Charge Tracking Number (CTN). All criminal justice agencies participate in the program. (O.C.G.A. 35-3-36)
• For example, each month, local sheriffs collect and send information to the GCIC regarding the infractions of the individuals being incarcerated in the county jail.
• Kemp’s Criminal Alien Database will require the reporting of additional data of information for “Criminal Illegal Aliens” and require local officials to provide that information to the state through GCIC.
• The GBI, and specifically the GCIC, will be responsible for establishing, operating, managing, and providing public, and online access to the Criminal Alien Database.
• Prosecutors and courts will collaborate on reporting to the GCIC in regard to the final disposition of a criminal matter involving a criminal alien, or illegal immigrant.
• This database will be published on the GCIC website and made available to law enforcement and public policymakers.
• O.C.G.A. 35-3-35 currently sets policy for disclosure and dissemination of records to public agencies and political subdivisions. The proposal will be implemented consistent with those policies.
• The program shall also improve the flow of information between the federal government and the state of Georgia. For example, a recent report of the Trump Department of Justice report stated that state and local facilities do not regularly provide DHS or DOJ with comprehensive information about their inmates.
• GCIC shall facilitate the flow of information to and from the federal government for all data associated with the Alien Incarceration Report, State Criminal Alien Assistance Program (SCAAP), and the Department of Homeland Security Reports.
• Amend O.C.G.A. 35-1-17 (b) (1) to require (rather than simply authorize) all state and local officials, including law enforcement and prosecutors to provide this information necessary to complete the Criminal Alien Database.

Brian Kemp’s Plan for Immediate Deportation:

• Amend O.C.G.A. 35-1-17 (c) to require (rather than authorize) the transporting of illegal aliens to a federal facility for deportation.  This provision does not hinder state of local law enforcement from arresting or detaining any criminal suspect on other criminal charges.
• Strengthen the current provisions relating to deportation by requiring all criminal justice agencies, including law enforcement and courts to notify ICE prior to the detainment, arrest, and transport of criminal aliens to federal facilities for deportation.  (See, O.C.G.A. 42-4-14)
• Allow law enforcement to provide deportation notification to consulate through tracking system.