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GEORGIA LAW REQUIRES JAILERS TO REPORT ILLEGAL ALIEN PRISONERS TO DHS

 

Longstanding Georgia law requires jailers to report incarcerated illegal aliens to DHS

BY  (EDIT)

Photo: WSAV TV

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.  

Gwinnett County Sheriff Keybo Taylor. Photo: WXIA/Twitter

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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.

 

The Dustin Inman Society Blog

Hand delivered to Gov Brian Kemp’s Capitol office August 1, 2022: Request for investigation and prosecution: Gwinnett County Sheriff Keybo Taylor & Cobb County Sheriff Craig Owens – OCGA 42-4-14

By

Ga Gov Brian Kemp

I hand delivered a paper copy of the below letter to a legal department staffer in Gov Kemp’s Capitol office today at 1:58PM. I have embedded links here not in the hard copy to educate the online reader. I also corrected two typos and *an omission in the below version. Update Aug 3: **I corrected the copy below on open records request in Gwinnett until I locate misplaced files.

***Update, August 16: Unable to locate misplaced Gwinnett files, I sent two additional open records requests to Gwinnett Sheriff Keybo Taylor and have received responses to both. The charges on the foreign born subjects the newest responses are not felonies, so I have added corrective language below. The new responses do not indicate that   Sheriff Taylor is in compliance with state law, OCGA 42-4-14.

**** Typo corrected: (missing words).

My apologies for the typos.

  • Note: On *August 2 & 3, I sent the below letter to virtually all MSM news outlets in Atlanta and many in Georgia as well as several national outlets including the Atlanta Journal Constitution and the Associated Press. I will list all of those outlets here as time allows.
  • Sept. 6, 2022 – we filed OIG complaints against Gov.Kemp, Sheriff Taylor and Sheriff Owens today, here.

 

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1 August 2022

Governor Brian Kemp

206 Washington Street, 111 state Capitol

Atlanta, GA 30334

Re: Complaint and request for investigation; Gwinnett and Cobb County sheriff’s public admission of violation, OCGA 42-4-14: “criminal illegals” and illegal sanctuary policies.

Dear Governor Kemp,

As you are Georgia’s chief law enforcement officer I write to your office as instructed by the GBI on how a private citizen can report violations of state law and request an investigation.

You may remember the 2006 passage of SB 529, the “Georgia Security and Immigration Compliance Act” as you served as Chairman of the state Senate Public Safety Committee that held hearings on the legislation and passed it out. You also voted in favor of final passage of the bill on the Senate floor. Part of that legislation, which is now law, contained language that created OCGA 42-4-14. Paragraph (c) of that law now reads:

“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.” (bold emphasis mine).

Gwinnett Sheriff Keybo Taylor has been quoted by various national and Georgia news outlets as saying he will not and does not check immigration status of incoming prisoners in the county jail and will not report criminal illegal aliens to federal immigration authorities.

Then Sheriff-elect Taylor’s statement to Fox5 investigative reporter Randy Travis in a November 13, 2020 interview is another example of what is clearly a confession of his intent to violate state law, OCGA 42-4-14.

I have received responses to (an) **multiple open records requests that validate the fact that Sheriff Taylor has been faithful to his promises on this matter and is in fact in open violation. Sheriff Taylor’s responses to my open records requests for copies of records and documents that would illustrate a check with law enforcement data systems on immigration status of foreign nationals in custody do not include these records. Neither is there any evidence that Sheriff Taylor has reported “criminal illegals” to federal immigration enforcement authorities in the responses to my query that includes multiple inmates.

Please also note that the “headline” or “catch phrase” included on the LexisNexis version of this state law that includes the words “charged with felony” is inaccurate. Since being amended in 2011’s HB 87, the mandated immigration status check applies to all (*foreign national) inmates, regardless of the charge. I have been working with the Office of  Legislative Counsel to see the online description of the law’s contents corrected for nearly two years. I would be grateful if you would use your power and authority to speed along the needed corrections.

*** All of my open records requests (except the two newest Gwinnett examples) pertain to foreign born inmates charged with felonies.

Please note that with the assistance of retired and experienced senior federal immigration enforcement officers, I have spent considerable time and effort on careful investigation of my own on this matter for more than a year. Responses to open records requests from the Cobb County jail show the same absence of records that would show compliance with the state law I cite in this letter. Sheriff Craig Owens runs the Cobb County jail.

As further evidence of open defiance of the law you are sworn to enforce, the Atlanta Journal Constitution ran a story citing both sheriffs in January of this year in which the newspaper reported:

I have posted all of my evidence online and am in the process of consolidating the various posts into a single source of information on the above facts.

As your office notes on the official website, “The governor is the chief executive of the state and oversees the executive branch. The governor shall “take care that the laws are faithfully executed and shall be the conservator of the peace” in the state. This power to enforce laws is almost identical to that of the president of the United States.”

Innocent Georgians – including children – are being killed, raped and molested by the “criminal illegals” and the illegal “sanctuary city”/county policies you promised to address when you ran for governor in 2018. Georgia is home to more illegal aliens than Arizona in large part because of (****the lack of enforcement) the many laws aimed at deterrence of that organized crime are ignored here in our state.

I respectfully urge you to fulfill your duty and your pledge on this urgent public safety issue immediately.

Please feel free to contact me at any time for further information. I plan to distribute this request.

D.A. King

President, The Dustin Inman Society

Marietta, GA.

 

D.A. King talks amnesty, “hate” and “immigrants” with Jorge Ramos on Univision

Brian Kemp’s first TV campaign ad, 2018

Dustin Inman Society page A-1, New York Times

Photo: New York Times/Twitter

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The Great Terry Anderson (RIP) on illegal immigration in Los Angeles. – 2009

Terry Anderson video, part 2 – Birthright Citizenship

Brian Kemp
Photo: mdjonline.com

#BigTruckTrick

Days since GA Gov. Brian Kemp promised action on 'criminal illegals,' sanctuary cities, a criminal alien registry and related legislation:

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Barbara Jordan. (Biography.com) "Those who should get in, get in; those who should be kept out, are kept out; and those who should not be here will be required to leave." - Testimony of the late Barbara Jordan, Chair, U.S. Commission on Immigration Reform on February 24, 1995.

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GEORGIA LAW REQUIRES JAILERS TO REPORT ILLEGAL ALIEN PRISONERS TO DHS

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