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 below reply and follow up was received from Rep Martin Dec. 5, 2023 at 8:00 AM.

The original request is here.

Mr. King,

To my reading and the reading of others with whom I have consulted, SB 379 via definitions, particularly in lines 19 – 33, requires the participant (“Apprentice”) and the employer (“Apprenticeship sponsor”) to be registered in Georgia and with the U.S. Department of Labor Office of Apprenticeship. Further, *a bulletin from the Office of Apprenticeship explains in part, “all individuals who are eligible to work in the U.S. are afforded an opportunity to participate and complete a RAP [registered apprenticeship program].”

Additionally, lines 52 – 55 outline employer application, providing another layer in assuring compliance with all applicable Georgia Law and Federal Law.

In sponsoring the legislation in the House in my role as Higher Education Chair, I relied on Senator Strickland’s statement that SB 379 stacks on underlying Georgia and Federal Law as outlined above.

Best Regards,

Rep. Chuck Martin.

Note: In my own reply to this response I asked Rep Martin for the title and date of the *U.S. DOL bulletin he cited and he was kind enough to send me this bulletin, (which I had already found and read). I am grateful to Rep Martin.