“Sanctuary” policies put Georgians’ safety at risk

Rep. Jesse Petrea is a pro-enforcement legislator.

The below column was originally posted on the subscription news and opinion outlet James Magazine Online, Feb. 1, 2024

By state Rep. Jesse Petrea

At a time when the Biden administration refuses to enforce federal immigration law and has allowed an estimated 10 million illegal aliens into our country in three short years, it is imperative that states stand strong on this crisis. Last week, I introduced HB 1105, “The Georgia Criminal Alien Track and Report Act.” This bill will add real penalties to our longstanding Georgia laws against “sanctuary” policies. These laws are currently being ignored by certain Georgia sheriffs and other defiant officials sworn to honor and enforce state laws.

OCGA 42-4-14 defines “illegal alien” as “a person who is verified by the federal government to be present in the United States in violation of federal immigration law.” Further, it requires that when foreign nationals are confined in Georgia jails a reasonable effort shall be made to verify that a foreign national “has been lawfully admitted to the United States” or not. If the confined individual is an illegal alien, he must be reported to federal immigration authorities.

The problem is that this law, already in statute, has no penalty for noncompliance.

Unfortunately, several Georgia sheriffs are currently refusing to report to federal immigration authorities. Indeed, in 2021, Gwinnett County Sheriff Kebo Taylor stated at his swearing in ceremony, “…what we will not be doing is notifying ICE (Immigration and Customs Enforcement) of anybody’s immigration status in the jail or any of our facilities.” He also explained that he would not honor ICE detainers for wanted illegals.

OCGA 36-80-23, defines sanctuary policy as “any regulation, rule, policy, or practice adopted by a local governing body which prohibits or restricts local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while such local official or employee is acting within the scope of his or her official duties.”

There are currently 1,579 criminal illegals in Georgia state prisons with ICE detainers alone. Many of these are for extremely violent crimes to include murder (182), child molestation (241), rape (179), aggravated child molestation (116), etc. This number does not include local jails.

The goal of HB 1105 is simple. It creates a criminal penalty, a misdemeanor of a high and aggravated nature, for sheriffs who refuse to follow our Georgia laws on sanctuary policies.

It is unconscionable to think that any county sheriff, a constitutional law enforcement officer, would think it appropriate to flagrantly disregard state law while holding others accountable for violation of law. HB 1105 would remedy this by ensuring that all sheriffs are following our current state laws regarding illegal aliens in Georgia jails.

State Rep. Jesse Petrea, R-Savannah, represents part of Chatham and Bryan counties and is a member of the state House Public Safety and Homeland Security Committee.

—>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.