GEORGIA – Governor Brian Kemp’s signing of the controversial House Bill 1105 into law on Wednesday marks a significant shift in the relationship between local law enforcement and federal immigration authorities. Sheriffs in Georgia will now be required to coordinate with federal immigration officials when someone in custody is suspected of being in the country without permission.
During the legislative session, concerns were raised by some sheriffs regarding the additional responsibilities imposed by the legislation. Limited information about suspects and questions surrounding the legal authority of sheriffs to enforce federal laws were among the key points of contention. Despite these concerns, failure to comply with the law carries significant consequences, including the potential loss of state funding or state-administered federal funding for local governments.
In response to the signing of HB 1105, GBPI’s Vice President of Research and Policy David Schaefer issued the following statement:
“Georgia Budget and Policy Institute is disappointed by the Governor’s signing of HB 1105. HB 1105 effectively turns the entire state into a 287(g) jurisdiction, mandating deeper local cooperation with Immigration and Customs Enforcement. HB 1105 is a state mandate without any supportive funding. Based on prior data, it is expensive and strips scarce resources from local governments, replacing local discretion with state-level decision-making to the detriment of local communities. HB 1105 will likely expand the state’s system of carceral control and caging of people of color while perpetuating the separation of immigrant families.”
This development underscores the ongoing debate surrounding immigration enforcement and the delicate balance between state and federal responsibilities in this domain. As the law goes into effect, it will be closely monitored for its implementation and its impact on local communities and law enforcement agencies.