Summary
Statement from the Georgia Budget and Policy Institute (May 1, 2024) on Governor Kemp’s signing of HB 1105 — the Georgia Criminal Alien Track and Report Act of 2024. The bill mandates sheriff cooperation with ICE on individuals believed to be undocumented; non-compliance carries penalties including loss of state funding. GBPI characterizes the law as effectively turning the entire state into a 287(g) jurisdiction.
Key Points
- Signed by Governor Brian Kemp on Wednesday (statement dated May 1, 2024) — confirms 2024 enactment
- What it requires: Sheriffs must coordinate with ICE regarding individuals in custody believed to be undocumented
- Penalties for non-compliance: Loss of state funding
- Statewide 287(g) effect: “Effectively turns the entire state into a 287(g) jurisdiction” — David Schaefer, GBPI
- Atlanta City Jail implication: As a Georgia jail, the Atlanta City Jail is subject to HB 1105’s detainer-honoring requirement
- Background: Bill drafted ~12 months prior, gained political momentum after February 2024 murder of Laken Riley by Venezuelan immigrant Jose Ibarra (per other sources in same news cycle)
Newsletter Angles
- HB 1105 is the state preemption mechanism that overrides Atlanta’s 2017 resolution at the detainer level — once Georgia required jails to honor detainers, the city’s “no civil detainers without judicial warrant” policy was partially neutered for the jail (though APD officer-level practices may still apply)
- The “287(g) jurisdiction” framing is a useful technical term: Georgia took voluntary federal-local cooperation programs and made them mandatory statewide via state law
- Useful for any Atlanta-specific sanctuary article: HB 1105 is the state-law layer that exists between local resolution and ICE enforcement
Entities Mentioned
- Brian Kemp — Georgia Governor; signed HB 1105
- Atlanta — affected jurisdiction
- David Schaefer — GBPI VP of Research and Policy
Concepts Mentioned
- 287(g) Program — federal-local immigration cooperation framework
- State Preemption — state laws overriding local sanctuary policies
- Sanctuary Infrastructure — the gap between local resolution and state-level mandate
Quotes
“Effectively turns the entire state into a 287(g) jurisdiction, mandating deeper local cooperation with Immigration and Customs Enforcement.” — David Schaefer, GBPI
Notes
GBPI (Georgia Budget and Policy Institute) is an established Georgia policy research organization — Tier 3 credible secondary source. Useful for HB 1105 signing date and policy framing. Effective date not in this document; other sources establish July 1, 2024 effective date.