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OCGA 42-4-14 Pasted here from Lexis Nexis – with a note on an error

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Image: Dustin Inman Society, January, 2021.

Update: Due to our nearly two year-long effort and repeated requests, the catch phrase mentioned below has been corrected to reflect the accurate description of the law. It now reads: 42-4-14. “Illegal alien” defined; determination of nationality and verification of lawful admission of person confined in a jail facility.

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Note: With what is called a “catch phrase” (headline), the below Georgia law is was depicted inaccurately (update, Nov. 11, 2022 – the text has been corrected and updated by the Office of Legislative Counsel – Hooray!). OCGA 42-4-14 was amended in 2011 (HB 87) to require jailers to determine immigration status of all prisoners and not limited to only those with felony charges. See paragraph (c). I spoke to Legislative Counsel in 2020 and again today and have again been assured the online correction will be made “soon.”

O.C.G.A. § 42-4-14

Current through the 2021 Regular and Special Sessions of the General Assembly.

42-4-14. “Illegal alien” defined; determination of nationality and lawful admission of person charged with felony and confined in a jail facility.

(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

Private school tuition: A new state benefit for illegal aliens in GA? #SchoolChoice

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“It is testament to the tenacity, funding and power of the school choice advocates that including illegals in a proposed new state benefit program is even being discussed.”

A battle is coming between the Georgia Republicans who are pushing “school choice” at any cost and pro-enforcement conservatives who refuse to reward and encourage more illegal immigration into Georgia. Expanding benefits for illegal aliens does exactly that. The lobbying money is on the “include the illegals” side. All too often, the truth isn’t.

Despite what Georgians may be told, the 1982 Plyer V Doe Supreme Court decision only requires states to provide public school tuition to K-12 students regardless of immigration status.

A word of experienced advice to readers who may favor “putting parents in charge of education…” but take the pro-enforcement view of the debate: You can save yourself a lot of attacks as being “anti-school choice” if you make clear your opposition to rewarding illegal immigration early in any discussion on the topic.

We don’t allow illegal aliens to access the Hope Scholarship, the Zell Miller Scholarship, or instate tuition in our taxpayer-funded public colleges. Why do some Republicans want to welcome illegal alien families with discretionary, taxpayer-funded K-12 private school benefits? It is testament to the tenacity, funding and power of the school choice advocates that including illegals in a proposed new state benefit program is even being discussed.

This writer attended a seminar on school choice last fall in Marietta and got the “whole enchilada” presentation and was surprised to see several well-known Georgia Republicans -including former U.S. Senator Kelly Loeffler – featured as presenters. I still don’t know the answer to the above question. But I can report that the ongoing illegal immigration catastrophe was completely avoided in the program and there was no Q&A session. I did hear it said that “we are all Americans.”

  • Related: School choice legislation is likely from Georgia lawmakers this session

We are not aware of any position the new leadership under the Gold Dome has taken on delivering state funds to illegal alien families for use as K-12 tuition payments to private schools. A great deal of time and trouble could be saved if Georgians could get a signal on this from the new Speaker or the new Lt. Governor – or Gov. Kemp.

Influential national radio show host Erick Erickson predicted a win for commonsense: “I’m fairly certain the Republicans aren’t going to fund illegal aliens going to private school…” was part of the response from Erickson last year to an on-air alert from this writer about the absence of language to exclude illegals in then-pending state legislation.

Soon after that public forecast from Erickson, there were various versions of poorly written and unworkable language purporting to exclude illegal aliens from the proposed “school choice” legislation offered in three separate bills in 2021-2022 General Assembly. So, it’s clear that most members of both chambers are aware of the concern.

Readers who have not heard one of the school choice sales programs for what is also known as “educational freedom” and “fund students, not systems” may want to consider attending an Americans for Prosperity event on the matter this evening in Alpharetta. It looks like presenters will include lobbyist and former GOP state Rep Buzz Brockway and Forsyth County school board member Mike Valdes.

If you go: I’ll wash your car if you let us know if there is any mention of illegal immigration or that according to the U.S. Dept. of Homeland Security, there are only six states with a higher illegal population than Georgia.

One online advertisement for the AFP event includes a reminder of a January proclamation of “School Choice Week” (Jan 22-28) from Gov. Kemp. The proclamation does not say if the governor would sign a bill that provides state funds for future “undocumented workers” to pay K-12 private school tuition.

Neither does it say if a law that excluded illegal aliens from any state-funded school choice benefit would be enforced. Many state laws aimed at illegal immigration aren’t.

  • A version of this essay ran posted on the subscription website Insider Advantage, January 24, 2023.

D.A. King is proprietor of ImmigrationPoliticsGA.com and president of the Dustin Inman Society.

 

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