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.