"We tried to craft something in the middle" - Georgia committee chairman on his version of HB 1105 and a surprise amendment

https://vimeo.com/showcase/gasenpubsaf

THE BASICS ON ICE WARRANTS AND ICE DETAINERS
Why ICE is Sending Immigration Warrants to Local Law Enforcement and What it Means

Q: Where does ICE’s authority to issue a detainer stem from?

A: By issuing a detainer, ICE requests that a law enforcement agency notify ICE before releasing an alien and maintain custody of the subject for a period not to exceed 48 hours, excluding Saturdays, Sundays, and holidays, to allow ICE to assume custody. This request flows from federal regulations at 8 C.F.R. § 287.7, which arises from the Secretary’s power under the Immigration and Nationality Act § 103(a)(3), 8 U.S.C. 1103(a)(3), to issue “regulations … necessary to carry out [her] authority” under the INA, and from ICE’s general authority to detain individuals who are subject to removal or removal proceedings.

–>Required reading for Georgia legislators.

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The below is taken from the March 14, 2024 hearing on HB 1105 in considering HB 1105. Committee members are listed here.

HB 1105 – The Georgia Criminal Alien Track and Report Act of 2024

AP report on our bill here.

Video of entire committee meeting here. *See March 14, 2024

* We note that this hearing was held three weeks after the murder of Laken Riley in Athens.

The Senate version of HB 1105 changed language that required Georgia jailers to comply with ICE detainer notices and inserted ACLU-ish anti-enforcement language that would require a judicial warrant. The below is the Chairman alluding to a mistake his office made in that replacement langauge that gutted the bill. There are other changes that watered down measure as well.

Chairman John Albers:

“Uh, I know there are some people watching online. Uh, we worked very hard on this bill for the last week and a half. Uh, we got a lot of input, very thoughtful. I will tell you, there are some people that think it’s not going to, or not gone far enough, and we got some people that think the opposite. We tried to craft something in the middle, and I for one, and I know you gentlemen do too, believe that word “compromise” is not a dirty word, it’s a good word, and we should do it more often in order to, uh, get consensus.

Uh, I think this is a very well-balanced bill. I wanna thank you for your help on that. At the appropriate time there are two amendments that are gonna be offered. One is a scrivener’s error that I will tell you all about right now, and it’s gonna be, uh, between lines 273 and 274, where it says, “An a rent- arrest warrant issued by.” That actually, from where it’s, “The United States,” to the next line, “Homeland Security,” should actually be, a federal judge, or federal magistrate judge, is that correct, Jenna?

Jenna – Legislative Counsel:

A federal magistrate.

Chair Sen. John Albers responding to a shocked gasp of “no!” from a pro-enforcement activist sitting in the front row:

“I’m sorry. That’s gonna be what’s gonna happen. So that is one area, uh, because those folks cannot take out warrants.”

Chair Sen. John Albers:

Uh, and then, uh, there will be another, uh, amendment that’s gonna be offered by Senator Bearden, and I’m gonna let him bring his amendment up after that, uh, as well. So I just want to tell everybody what’s gonna happen here. Um, we’re gonna do, uh, any final questions-…”

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The text of this part of the bill now reads like this:

270 – No person identified by the LESC of the United States Department

271 of Homeland Security pursuant to this subsection shall de detained unless a request to

272 detain has been received pursuant paragraph (2) of this subsection or the existence of

273 an arrest warrant issued by the United States Immigration and Customs Enforcement

274 Division of the Department of Homeland Security a federal judge, or federal magistrate for each person verified.

—>UPDATE: The liberal AJC prints a lengthy correction after demand letter from the Dustin Inman Society. More news on this coming soon.

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Daily Signal News report (‘DEFAMATORY’: Conservative Demands Swing-State Newspaper Retract ‘Hate Group’ Smear’)
on the recent AJC attack here by the great Tyler O’Neil.

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I added educational hyperlinks to the below letter – dak.

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October 18, 2024

VIA U.S. REGULAR MAIL & E-MAIL

Leroy Chapman, Jr., Editor in Chief THE ATLANTA JOURNAL-CONSTITUTION 223 Perimeter Center Pkwy NE Atlanta, Georgia 30346

Re: Demand for Retraction and Apology

Dear Mr. Chapman, Jr.:

I write on behalf of my client, the Dustin Inman Society (DIS), to demand an immediate retraction and apology for the defamatory statements published in your October 7, 2024, article titled “Democrats in this Georgia district are backing a write-in candidate” by Tia Mitchell.

Through use of internet links, the AJC article wrongfully characterizes the Dustin Inman Society as a “Marietta-based anti-immigration hate group.” This characterization is false, defamatory, and published with actual malice. The Dustin Inman Society pushes for secure borders, is not “anti-immigration” and its proprietors do not hate anyone. Rather, DIS advocates for enforcement of U.S. immigration laws and actively opposes unlawful immigration. This distinction is crucial and well-known to staff at your publication.

I paste the offending paragraph from the AJC story:

“A search of activity under her birth name, Karen Sacandy, which Stamper legally changed in 2019, showed that she previously was aligned with a Marietta-based anti-immigration hate group. The group’s website often linked to Sacandy’s activities, like a letter seeking information about the state’s Immigration Enforcement Review Board and a copy of a letter to the editor supporting legislation to prevent immigrants claiming asylum from obtaining driver’s licenses.”

HEMMER WESSELS MCMURTRY PLLC
250 Grandview Drive, Suite 500, Ft. Mitchell, KY 41017 ● Phone 859.344.1188 ● Fax 859.578.3869

October 18, 2024 Page 2

We note the AJC informs readers that the Dustin Inman Society “often” linked to Karen Sacandy/Kate Stamper activities — but produces only two occasions.

Your story, for which DIS founder and president D.A. King was not contacted, informs readers that Sacandy/Stamper “was aligned” with the Dustin Inman Society. We note that polls show that a majority of Americans oppose the federal offense of illegal immigration. Since the letter posted on the DIS site was a published missive to the editor at the Cherokee Tribune, we must ask: does this make that newspaper a “Cherokee County-based anti-immigration hate group”?

Your characterization demonstrates a reckless and vindictive disregard for the truth, rising to the level of actual malice as defined in New York Times Co. v. Sullivan. Actual malice in defamation law refers to publication of a statement with knowledge that it is false or with reckless disregard of whether it is false or not. Your repeated mischaracterization of the Dustin Inman Society, despite having been corrected on numerous occasions, clearly meets this standard.

The Dustin Inman Society’s position on immigration is clear and public:

1. It supports sustainable levels of legal immigration through established channels.

2. It opposes unlawful immigration due to various societal concerns, including: – Strain on public resources and services
– Potential and real public safety issues
– Economic impacts on low-wage American workers and America’s poor

– Challenges to the rule of law

3. The Dustin Inman Society defends legal immigrants when media attempt to blur the difference between them and illegal aliens.

Moreover, the Dustin Inman Society’s board includes lawful immigrants who have navigated the proper channels for authorized immigration. This fact alone should dispel any notion that the organization is “anti-immigration.” As he has informed you multiple times over much of the last two decades, D.A. King’s sister is a real, legal immigrant.

While we acknowledge that the Southern Poverty Law Center has designated the Dustin Inman Society as an “anti-immigrant hate group that denigrates all immigrants,” your article presents the “anti-immigration hate group” characterization as the Atlanta Journal Constitution’s independent assessment and statement of fact.

This smear is not only demonstrably false and ignores Mr. King’s many communications to you advising you of the truth, but also demonstrates an exceedingly unprofessional failure to fact-check and verify information before publication.

We demand that the Atlanta Journal Constitution:

October 18, 2024 Page 3

1. Immediately publicly retract the defaming statement in the October 7, 2024, article.

2. Publish a prominent apology, equal in visibility and placement to the original defamatory article.

3. Cease and desist from further defamatory characterizations of the Dustin Inman Society.

Failure to comply with these demands may result in further legal action. We expect your prompt attention to this matter and await your timely response.

Sincerely,

Todd V. McMurtry

cc: James Abely, Esq.