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Search Results for: OCGA 42-4-14

Request to forward my complaint against Gwinnett Sheriff Keybo Taylor to GBI sent to District Attorney Herb Cranford – with reply OCGA 42-4-14 OCGA 36-80-23

February 4, 2023 By D.A. King

 

2 February 2023

Mr. John H. Cranford

District Attorney

Coweta Judicial District

Request to forward my complaint to the GBI and Attorney General

Mr. Cranford,

As you know, private citizens are unable to initiate an investigation into violation of state law by the GBI or the Attorney General’s office. According to the GBI “in most cases requests for assistance from the GBI must come from a criminal justice official such as the Sheriff, Chief of Police, District Attorney or Superior Court Judge.’ I am informed that policy applies to the Attorney General’s office as well.

This letter is my request that you use the power and authority of your office to forward my below complaint and media-distributed evidence to the above offices. Thank you for your assistance in my 2022 complaint against the Carroll County Board of Commissioners for the violations to which members of that body and county attorneys admitted.

Complaint:

I allege that Gwinnett County Sheriff Keybo Taylor is in defiant violation of OCGA 42-4-14 and OCGA 36-80-23 and has been since taking office on January 1, 2021. On that date Sheriff Taylor announced to the media that his office would not share information on immigration status of prisoners in his jail or other facilities with ICE. According to an Associated Press report Sheriff Taylor’s exact quote was “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities…”

I assert that public statement represents a statement of official policy from Tylor and is an admission to violation of state law. It seems reasonable that it is also sufficient cause for a full investigation in the interest of public safety.

It is apparently true that Taylor went on to qualify his remarks by saying that did not mean he would not cooperate with ICE…”.  But that qualification does not change the fact that Taylor’s stated policy is in clear violation of the law.

I have spent considerable time and effort using open records requests to attempt to get information from the Gwinnett jail on the process involved in use of reasonable effort to discern the immigration status of incoming foreign-born prisoners. I have educated reason to believe the requirements laid out in state law and detailed in the guidelines set forth by the Sheriff’s Association are routinely ignored.

Further, I have reason to believe that there are many other jailers and law enforcement officials in violation of the laws I mention here.

Due to his illegal policies Gwinnett County Sheriff Keybo Taylor represents a threat to the public safety of all Georgians. Illegal immigration and the absence of enforcement of existing law is killing innocent Americans in our state. The misery caused by “criminal illegals” and anti-enforcement government officials is fully preventable.

I would be grateful for a reply.

Respectfully,

D.A. King –

Marietta  404-…….

____

Reply received 12:00 PM Feb 4, 2023

Mr. King,

I have read the letter you sent me. While I may share the concerns you raised in the letter, because this matter involves Gwinnett County, which is not in my jurisdiction, I think it would be improper for me to consider your request that I forward this information to the GBI and Attorney General.

I suggest requesting the same of elected officials in Gwinnett County.

Sincerely,

Herb Cranford

District Attorney

Coweta Judicial Circuit

Coweta County Justice Center

72 Greenville St.

 

Filed Under: Recent Posts Achrives

Initial response from OIG on the complaints we filed against Gwinnett Sheriff Keybo Taylor & Cobb Sheriff Craig Owens (Kemp complaint still open) OCGA 42-4-14

September 13, 2022 By D.A. King

 

 

 

The original story on the complaints is here and the OIG initial response along with my reply and request for reconsideration is here. I added links to the OIG’s response in an effort to make it easier to digest.

  • Note: We filed three complaints, one against Gov. Brian Kemp one against Gwinnett Sheriff Keybo Taylor and one against Cobb Sheriff Craig Owens. The complaint against Gov Kemp is still under consideration at OIG.

The below was received via email on Sept. 12, 2022. I am grateful to Mr. McAfee for his reply.

_____

Good afternoon Mr. King,

  I appreciate your consideration of our office for your complaint. To be clear, declining an investigation does not mean we’ve taken any position on the merits or thoroughness of your concerns. We must simply “stay in our lane” and only execute the powers delineated to us by executive order. In my mind, that executive order is clear. OIG does not police all executive powers, constitutionally created or otherwise, only the “agencies of state government” and “state agencies within the executive branch.” I’ve attached a copy of our founding executive order for your convenience.

While county sheriffs may perform state and executive branch functions as your cited AG opinion points out, the fact remains that county sheriffs are not state agencies but rather instrumentalities of county government. See, e.g., O.C.G.A. § 15-16-1 (a) (“the sheriff is the basic law enforcement officer of the several counties of this state”); Veit v. State, 182 Ga. App. 753, 756 (1987). OIG has not been granted jurisdiction to investigate anything considered executive in function. Only “state agencies.”

  Feel free to call me anytime at the number below. I’m happy to talk through your concerns and explain our position in greater detail. And disregard any previous reference to DOC, as I agree that DOC would not be the appropriate venue for your complaint.

Scott McAfee

Inspector General

Office of the State Inspector General

State of Georgia

 

Mobile: 404-

Email: scott.mcafee@oig.ga.  

 

2 Martin Luther King Jr. Dr. SW

Suite 1102 | West Tower

Atlanta, Georgia 30334

https://oig.georgia.gov/

 

Filed Under: Recent Posts Achrives

Complaints filed with Georgia Office of Inspector General against Gov Brian Kemp, Gwinnett Sheriff Keybo Taylor & Cobb Sheriff Craig D. Owens – OCGA 42-4-14

September 6, 2022 By D.A. King

 

Complaints filed (Sept. 6, 2022) related to multiple violations of OCGA 42-4-14 and the violations of the oaths of office for Gov. Brian Kemp, Sheriff Keybo Taylor and Sheriff Craig Owens. There will be additional complaints filed. See this letter for explanation and links to evidence.

OIG here.

  • Updated Sept. 9, 2022: Initial response and my reply here.
  • Final response from OIG on the two complaints against the sheriffs here.
  • List of news outlets, editors, producers and reporters to whom we have sent a news tip on this story here. 
Kemp complaint confirmation.

 

Taylor complaint confirmation.
Owens complaint confirmation.

Filed Under: Recent Posts Achrives

Is a hit-and-run driver in Marietta an illegal alien? We may never know — Horacio Lopez-Vail, aka Horacio Lopez Joselito, aka Horacio Joselito Lopez *OCGA 42-4-14

July 27, 2022 By D.A. King

Horacio Lopez-Vail/Horacio Lopez Joselito: Marietta Daily Journal

 

 

 

 

 

 

 

Update: July 28, 2022: I sent an open records request to the Cobb Sheriff’s office asking for copies of documents that would show compliance with state law on checking immigration status of prisoners and reporting illegal aliens to DHS and received a response. There is no record of compliance with the state law, OCGA 42-4-14.

“No drivers license” is usually the tip-off that a foreign national is an illegal alien.

Booking report from Cobb County (hat tip Bob Trent):

From WSB TV news:

“Lopez-Vail was arrested and charged with

  • Two counts of serious injury by vehicle
  • Two counts of felony hit and run
  • Two counts of failure to maintain lane
  • Driving on the wrong side of the road
  • Duty to report striking a fixed object
  • Tampering with evidence
  • No license
  • Reckless driving
  • ___Here______________

Georgia state law (OCGA 42-4-14) requires all jailers to check immigration status of prisoners and to report illegal aliens to U.S. DHS. The sheriffs in Cobb and Gwinnett counties have publicly admitted they do not obey that law. This defiance of the law by these sheriffs is not “news” in Georgia. See also “not news” in the MDJ.

________________________

Photo: Fox5

Fox5 Atlanta

July 24, 2022

Teen charged in Marietta hit-and-run involving man, child

MARIETTA – Marietta police said officers charged a teenage suspect in an alleged hit-and-run that hospitalized a man and 6-year-old boy.

Police identified the suspect as 19-year-old Horacio Lopez-Vail. Police said Sunday that the man and child were still in critical condition.

Police believe the teenager struck an unidentified 30-year-old and 6-year-old at around 9 p.m. on Friday on Chert Road. Following the crash, first responders rushed them to Wellstar Kennestone and Children’s Healthcare of Atlanta, respectively.

Police said the pedestrians were walking along Chert Road between Roswell Road and Gresham Road when a car hit them from behind. The driver, police said, fled the scene without contacting police. Police shared an image of a dark-colored Toyota Corolla and asked for the public’s help in finding a suspect. Police arrested Lopez-Vail on Saturday night.

Police charged Lopez-Vail with two counts of failure to maintain lane, serious injury by vehicle and felony hit-and-run. He’s also charged with driving on the wrong side of the road, driving without a license, reckless driving, driving while distracted, duty to report striking a fixed object and tampering with evidence.

Read the entire report here from Fox5 News.

 

Filed Under: Recent Posts Achrives

Fast Fact from the Georgia constitution: “The Governor shall take care that the laws are faithfully executed…” OCGA 42-4-14 #BrianKemp

July 25, 2022 By D.A. King

 

SECTION II.
DUTIES AND POWERS OF GOVERNOR

Photo: Twitter

Page 30.

Paragraph I. Executive powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by this Constitution and by law.

Paragraph II. Law enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.

We note this includes OCGA 42-4-14

Filed Under: Fast Facts Archives

Georgia law requires all jailers to report incarcerated illegal aliens to DHS – but it’s not enforced *Repost from Jan 2021 OCGA 42-4-14

May 31, 2022 By D.A. King

 

“Immigration laws are the only laws that are discussed in terms of how to help people who break them.” Thomas Sowell 2017

Note: A version of hit essay was originally posted on the subscription news and opinion site, InsiderAdvantage.com (now James Magazine Online) January 26, 2021.

 

In 2011, Aurelio Mayo Perez, an illegal alien, was booked into the Cobb County jail for no driver’s license but released due to an immigration enforcement reduction edict from then-President Barack Obama. Two years later, Mayo Perez was charged with aggravated child molestation and rape. The name of the ten-year old girl he was convicted of repeatedly molesting is not available.

Last week, newly sworn Cobb County Sheriff Craig Owens held an elaborate press conference packed with invited anti-enforcement activists and proudly announced his termination of the 287(g) program. The Marietta Daily Journal described the event’s big finish with “…as the event ended, and a mariachi band began to play, the mood in the room was decidedly celebratory. The new sheriff even took to the floor and waltzed for a moment, reveling in his audience’s approval.”  Cobb County Deputy Sheriff Loren Lilly – killed by an unlicensed illegal alien driver in a 2007 traffic crash – was unable to attend.

Cobb County Sheriff, Craig Owens. Photo: Project Q.

Democrat Commission Chairwoman Lisa Cupid pronounced Owens’ decision “bold, necessary, and overdue.” Cobb’s new District Attorney, Flynn Broady weighed in with “this is going to make our community safer.” We recommend reading the entire MDJ report

Created by congress in 1996, and signed into law by Bill Clinton, the voluntary 287(g) program is a tool used to expand the authority of local law enforcement to locate and report to ICE illegal aliens, usually in county jails. It’s a deterrent. Then-Senator Joe Biden voted in favor of passage.

The liberal Atlanta Journal Constitution reports Owens claims “the program morphed into one that profiled immigrants through traffic stops, which resulted in them being deported on misdemeanor charges.” While Sheriff Owens – a former Cobb County policeman – is certainly free to smear his fellow law enforcement officers with accusations of profiling, he should understand that it’s illegal aliens who are deported and that removal is the punishment for illegal immigration, not traffic violations.

Jose Alfaro-Contraras, an illegal alien from El Salvador, was one of the gunmen in an April, 2015 armed robbery of the owner of a check-cashing store in Duluth. A year earlier, Alfaro-Contraras had been in the Gwinnett County jail on a shoplifting charge. He was released because “minor crime.”

The above examples are taken from a 2017 report “Jail records reveal immigrants not deported after minor crimes later commit worse ones” from Atlanta’s Fox Five TV News investigative reporter Randy Travis.

Related: According to the anti-enforcement Georgia Budget and Policy Institute, Georgia is home to more illegal aliens than green card holders.

In metro -Atlanta’s Gwinnett County, on his first day in office, Sheriff Keybo Taylor made his enforcement policy clear when he quit the 287(g) program: “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities…” said Taylor at his own presser. He told a local NPR interviewer 287(g) is slanted towards “people of color.”

“So basically, what that program started to do was target, uh, you know, people of color that were in this country that’s undocumented, so, you know, it became, you know, a racist issue for me…”,

Gwinnett County Sheriff Keybo Taylor. Photo: Gwinnett Daily Post.

He says he would rather focus on gang members. I was curious, so I checked with experts on gangs in Gwinnett and the skin color concern Taylor expressed. But on that topic Sheriff Taylor apparently does have concerns about borders “…crime and criminals…they don’t, they do not respect borders, so, you know, it’s nothing to come from Atlanta to Gwinnett County…” says Taylor. Indeed.

In print and radio interviews, both sheriffs have done a remarkable job of learning and adhering to the anti-287(g) talking points distributed by the far-left. Below are some of those tips from a 2008 ACLU ‘toolkit.’

‘How to oppose 287(g) agreements in your state or locality’

*Always describe how police enforcement of immigration laws endangers public safety for everyone.

*Assert that local police of immigration laws will result in widespread racial profiling.

*Assert that immigration enforcement is the responsibility of the federal government.

*Assert that police resources are stretched thin already.

Georgia law as a ‘Plan B’ plan to address anti-enforcement sheriffs

Attention Georgia prosecutors, including Flynn Broady: Independent of 287(g), longstanding (2006) state law (OCGA 42-4-14) requires jailers to check the immigration status of incoming foreign prisoners. “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.”

Cobb County District Attorney, Flynn Broady. Photo: CobbCounty Courier.

The AJC – again

 In an entirely unbalanced, celebratory report on Cobb County Sheriff Craig Owens ending 287(g) the AJC recently told readers as a statement of fact “the program originally began to remove terrorists, as well as other violent criminals, from neighborhoods across the country.” But, as was noted here in December, the law establishing 287(g) program never limited it to applying only to terrorists or illegal aliens who were arrested for violent crimes.

The liberal AJC has not covered the fact that the above law is not enforced.

D.A. King is president of the Georgia-based Dustin Inman Society.

Filed Under: Recent Posts Achrives

Ga. Law: Jailers must report incarcerated illegal aliens to feds – from Insider Advantage Georgia (file copy: Re: OCGA 42-4-14)

July 31, 2021 By D.A. King

by D.A. King | Jan 26, 2021 | The Forum |

 

In 2011, Aurelio Mayo Perez, an illegal alien, was booked into the Cobb County jail for no driver’s license but released due to an immigration enforcement reduction edict from then-President Barack Obama. Two years later, Mayo Perez was charged with aggravated child molestation and rape. The name of the ten-year old girl he was convicted of repeatedly molesting is not available.

Sheriffs Craig Owens, Cobb County (L) and Keebo Taylor, Gwinnett County (R). Photo WSB TV/Twitter

Last week, newly sworn Cobb County Sheriff Craig Owens held an elaborate press conference packed with invited anti-enforcement activists and proudly announced his termination of the 287(g) program. The Marietta Daily Journal described the event’s big finish with “…as the event ended, and a mariachi band began to play, the mood in the room was decidedly celebratory. The new sheriff even took to the floor and waltzed for a moment, reveling in his audience’s approval.”

Cobb County Deputy Sheriff Loren Lilly – killed in a 2007 traffic crash by an unlicensed illegal alien driver – was unable to attend.

Democrat Commission Chairwoman Lisa Cupid pronounced Owens’ decision “bold, necessary, and overdue.” Cobb’s new District Attorney, Flynn Broady weighed in with “this is going to make our community safer.” We recommend reading the entire MDJ report

Created by congress in 1996, and signed into law by Bill Clinton, the voluntary 287(g) program is a tool used to expand the authority of local law enforcement to locate and report illegal aliens to ICE illegal aliens in county jails. It’s a deterrent. Then-Senator Joe Biden voted in favor of passage.

The Atlanta Journal Constitution reports Owens claims “the program morphed into one that profiled immigrants through traffic stops, which resulted in them being deported on misdemeanor charges.” While Sheriff Owens – a former Cobb County policeman – is certainly free to smear his fellow law enforcement officers with accusations of profiling, he should understand that it’s illegal aliens who are deported and that removal is the punishment for illegal immigration, not traffic violations.

Jose Alfaro-Contraras, an illegal alien from El Salvador, was one of the gunmen in an April, 2015 armed robbery of the owner of a check-cashing store in Duluth. A year earlier, Alfaro-Contraras had been in the Gwinnett County jail on a shoplifting charge. He was released because “minor crime.”

The above examples are taken from a 2017 report “Jail records reveal immigrants not deported after minor crimes later commit worse ones” from Atlanta’s Fox Five TV News investigative reporter Randy Travis.

In Gwinnett, on his first day in office, Sheriff Keybo Taylor made his enforcement policy clear when he quit the 287(g) program: “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities…” said Taylor at his own presser. He told a local NPR interviewer 287(g) is slanted towards “people of color.”

Gwinnett County, Georgia Sheriff Kebo Taylor and state law. Photo (Dustin Inman Society) not part of original IAG post.

“So basically, what that program started to do was target, uh, you know, people of color that were in this country that’s undocumented, so, you know, it became, you know, a racist issue for me…”,

He says he would rather focus on gang members. I was curious, so I checked with experts on gangs in Gwinnett and the skin color concern Taylor expressed. But on that topic Sheriff Taylor does have concerns about borders “…crime and criminals…they don’t, they do not respect borders, so, you know, it’s nothing to come from Atlanta to Gwinnett County…” says Taylor. Indeed.

In print and radio interviews, both sheriffs have done a remarkable job of learning and adhering to the anti-287(g) talking points distributed by the far-left. Below are some of those tips from a 2008 ACLU ‘toolkit.’

‘How to oppose 287(g) agreements in your state or locality’

*Always describe how police enforcement of immigration laws endangers public safety for everyone.

*Assert that local police of immigration laws will result in widespread racial profiling.

*Assert that immigration enforcement is the responsibility of the federal government.

*Assert that police resources are stretched thin already.

Is long-standing Ga. law being enforced?

Attention Georgia prosecutors, including Flynn Broady: Independent of 287(g), longstanding (2006) state law (OCGA 42-4-14) requires jailers to check the immigration status of incoming foreign prisoners. “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.A. King is president of the Georgia-based Dustin Inman Society.

Filed Under: Recent Posts Achrives

Somebody please tell the sponsors of HB 1102 that Georgia is a sanctuary state – and that Gov. Kemp promised to end that illegal practice?

February 4, 2024 By D.A. King

Thirty second video: 2018 television campaign ad from Brian Kemp “I’ll enforce the ban on sanctuary cities…”

Legislators should clean up Georgia before citing other “sanctuary states.”

 

HB 1102

“A BILL to be entitled an Act to amend Chapter 13 of Title 17 of the O.C.G.A., relating to criminal extradition, so as to provide for a determination by the Department of Public Safety of whether persons with a terminated or completed sentence or term of sentence near completion for a conviction are present in the United States illegally; to provide for reporting of such persons to the Attorney General; to require the Attorney General to petition for a writ to transfer such persons to a sanctuary state; to provide for conditions, procedures, and limitations upon issuance of such writs; to provide for consent to a transfer by such persons; to require transfer of such persons after issuance of a writ of transfer to a sanctuary state; to provide for definitions; to provide for construction; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.”

The essence of HB 1102 is that illegal aliens who have completed or are within 60 days of  completing their sentence for violating laws in Georgia would be relocated to a “sanctuary state” which is defined in the bill (line 14) as:

Sanctuary state’ means any state that has adopted a policy or practice which prohibits  or restricts state officers or employees from communicating or cooperating with other  state or federal officials or state or federal law enforcement officers with regard to reporting immigration status information while such state officer or employee is acting  within the scope of his or her official duties.”

Our opinion is that the sponsors should re-examine current reality here in Georgia and understand that the above definition of “sanctuary state” also perfectly fits the ongoing defiance by many Georgia law enforcement agencies.

Shorter: much of Georgia is a sanctuary state.” We urge HB 1102 sponsors to  understand the need for passage of a more well thought out measure, HB 1105, “The Georgia Criminal Alien Track and Report Act of 2024.”

 

 

 

 

 

 

 

We advise all concerned read and digest the message in the image above and the information below.

At his January 1, 2021, swearing in ceremony, Keybo Taylor, the sheriff of Gwinnett County here in Metro Atlanta, told the world “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities.”  Keybo’s public declaration of his policy in direct and defiant violation of state law (OCGA 42-4-14) that requires all jailers to use reasonable effort to determine immigration status of foreign-born prisoners and report the illegal aliens to the feds.

This brings up another state law that we need to share here. It’s OCGA 36-80-23 with a title that goes: “Prohibition on immigration sanctuary policies by local governmental entities; certification of compliance.”

The short version of this is that it is illegal for counties, cities, and agencies, including law enforcement agencies, to put in place “sanctuary policies.” The definition of sanctuary policies may sound familiar to the sponsors of HB 1102:

“Sanctuary” in Georgia law 

According to the above existing state law, “sanctuary policy” means “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.”

Nobody should misunderstand our intent here. We have no problem at all with anyone, especially pro-enforcement state legislators helping us share the knowledge that Gov Brain Kemp not only abandoned his campaign promises on criminal illegals” and ending sanctuary city” policies in Georgia but refuses to enforce the laws against sanctuary policies already in place. But we think HB 1102 would make more sense if we work to enforce our own laws against sanctuary policies before moving criminal aliens to other “sanctuary states.”

Pass HB 1105 before any consideration of HB 1102.

 

 

 

Filed Under: Recent Posts Achrives

Sanctuary Georgia: Another law that is ignored on “criminal illegals” #BrianKemp

January 16, 2023 By D.A. King

 

Sanctuary cities, counties and states. Immigrantfoodonline

 

 

 

 

 

 

 

 

“I do solemnly swear or affirm that I will faithfully execute the office of Governor of the State of Georgia and will, to the best of my ability, preserve, protect, and defend the Constitution thereof and the Constitution of the United States.”

Oath of office made by Governor Brian Kemp last week – for the second time.

My January 2nd column concerned state laws that are not enforced. We reminded readers that Gov. Brian Kemp took an oath to obey the constitution and quoted part of that document with “the Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.”

 As an illustration of one law dealing with illegal immigration that is defiantly ignored, we explained that at his January 1, 2021, swearing in ceremony, Keybo Taylor, the sheriff of Gwinnett County here in Metro Atlanta, told the world “What we will not be doing is notifying ICE of anybody’s immigration status in the jail or any of our facilities.”

Then we explained a state law (OCGA 42-4-14) that requires all jailers to use reasonable effort to determine immigration status of foreign-born prisoners and report the illegal aliens to the feds. It’s a state law that Brian Kemp voted for as a state senator.

What I didn’t mention is that the above state law has no penalty in the text of the law.

That is correct. It’s a law with no penalty – don’t scramble to the law books to find one that does not have a penalty for normal, working Georgians.

This writer was involved in the drafting of the law in 2006 and a significant legislative improvement in 2011. I can tell you that none of us dreamed that “jailers” – mostly county sheriffs – would defy that statute. That was then. Now we know. It looks like the Gwinnett sheriff is not the only one ignoring this law.

You will probably read this here first: I can predict with a great deal of confidence that the current General Assembly session in Atlanta will see a bill that would create a stiff penalty for jailers like Gwinnett’s anti-enforcement, Democrat sheriff.

But wait, there’s more.

 As I wrote earlier in the month, Georgia can accurately be described as a “sanctuary state” for the “criminal illegals” Kemp promised to go after when he ran for office in 2018 and pledged to end already illegal sanctuary policies.

This brings up another state law that we need to share here. It’s OCGA 36-80-23 with a title that goes: “Prohibition on immigration sanctuary policies by local governmental entities; certification of compliance.” I am proud to have helped with advice on this legislation (*SB 20) when it passed the Republican-ruled state legislature in 2010.

The short version of this one is that it is illegal for counties, cities, and agencies, including law enforcement agencies, to put in place “sanctuary policies.”

“Sanctuary” in Georgia law 

Ga Gov. Brian Kemp

According to state law, “sanctuary policy” means “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.” Pretty clear, we thought.

The enforcement mechanism goes like this: “Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding…” The “governing body” in Gwinnett is the Gwinnett County Board of Commissioners.

How would the various state agencies that administer tax dollars as grants to cities and counties know if those cities and counties were in violation of the law? They don’t know, but the funds are distributed anyway. So, there really is no penalty. This one isn’t enforced either.

More news:

I wouldn’t be surprised to see a bill that injects a severe penalty into this toothless “no sanctuary policies in Georgia” law too.

Again: Georgia is a sanctuary state because illegal aliens can go into and out of many of our jails and never be reported to the feds. It’s a bit of California right here in the Peach State. If you want to see action from your state legislators on this, it is a good idea to let them hear from you.

Let’s close with a quote from Brian Kemp’s first TV campaign ad in 2018: “Donald Trump was right. We must secure the border and end sanctuary cities.”

You can see the video from that TV ad on our website, ImmigrationPoliticsGA.com.

  • A version of the below column is published in the January 16, 2023, edition of The Islander newspaper in Glynn County, GA.
  • *Correction on date of passage, SB 20

Filed Under: Recent Posts

Another (final) addition to my complaint against Gov. Brian Kemp in the Georgia Office of Inspector General #OIG

January 11, 2023 By D.A. King

 

 

 

The below was emailed to Mr. McAfee today and put in the U.S.P.S.

January 11, 2023

The Honorable Mr. Scott McAfee

Inspector General, Georgia

2 Martin Luther King, Jr. Drive SW,

1102 West Tower
Atlanta, GA 30334

Re:

A second addition to my September 6, 2022 complaint against Governor Brian Kemp.

Complaint confirmation # F345217D89. My first addition is here.

  • Please add OCGA 36-80-23.
  • My request that you forward this complaint to the Attorney General’s office.

“The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.” Section ll, Paragraph ll of the Georgia Constitution.

Mr. McAfee,

Please update my September complaint against Gov. Brian Kemp to include my allegation that he is in violation of his oath of office on enforcement of yet another state law, OCGA 36-80-23, known as Georgia’s “sanctuary city law.”

For clarity, I paste part of the law below:

36-80-23. Prohibition on immigration sanctuary policies by local governmental entities; certification of compliance.

 “…(6) “Sanctuary policy” means 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.

(b) No local governing body, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary policy.

(c) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (d) of Code Section 50-36-1.

(d) As a condition of funding, the Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies shall require certification pursuant to Code Section 50-36-4 as proof of compliance with this Code section.”

As you know, Gwinnett County Sheriff Keybo Taylor has defiantly boasted to the national and Georgia media that his office will not share information on immigration status with federal immigration authorities (ICE).

I again respectfully remind you that according to quotes published in the media, including the Associated Press, Taylor’s exact words on this policy at his swearing-in event on January 1, 2021 were “one thing we will not be doing is notifying ICE of anybody’s immigration status in the jail of any of our facilities.”

I have spent many hours verifying that Sheriff Taylor has been allowed to fulfill his anti-enforcement pledge.

This public defiance of the state law Taylor (and Gov. Kemp) are charged with enforcing should be treated as Taylor’s confession to repeated and now two-year long violations of not only OCGA 36-80-23 but also OCGA 42-2-14.

My original complaint was centered around Gov. Kemp’s refusal to enforce the latter law, which, as you also know, requires jailers – including Sheriff Taylor – to use reasonable effort to determine immigration status of foreign-born prisoners and to report illegal aliens to the U.S. Dept. of Homeland Security.

In addition, OCGA 36-80-23 requires certification of compliance from the “governing body” as a condition of funding from various state agencies.

(d) As a condition of funding, the Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies shall require certification pursuant to Code Section 50-36-4 as proof of compliance with this Code section.”

As you informed me last year in your response to my original complaints against Cobb Sheriff Craig Owens and (Gwinnett Co.) Sheriff Keybo Taylor, these sheriffs are employed by their respective counties. Those county governments are the “governing body” of each sheriff and the sheriffs are the “elected or appointed official” and certified peace officer” in the law cited in paragraph (5):

“(5) Local official or employee” means any elected or appointed official, supervisor or managerial employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body.”

The law does not say “may” – it says “shall” be subject to withholding of state funding or state administered funding not stated in subsection (d) of another law that goes unenforced by Gov. Kemp.

“Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (d) of Code Section 50-36-1.”

I charge that Sheriff Taylor is in violation of both OCGA 42-4-14 and OCGA 36-80-23. Gwinnett County government, operated by the Gwinnett County Board of Commissioners is in violation of OCGA 36-80-23 (while it is not the subject of this complaint, I believe Gwinnett County to be in violation of OCGA 50-36-1 as well).

Unless Gwinnett County government has made false statements of compliance on OCGA 36-80-23 making the state funding agencies believe the county complies, it would seem that all of the state agencies that have funded Gwinnet County since January 1, 2021 (Sheriff Taylor’s swearing in date) have done so illegally.

I limit this observation here to one county for space and time, but I can easily point to multiple additional governing bodies (including Cobb County) that are not in compliance with any of the laws mentioned here for the same reasons.

As the Chief executive, Gov. Kemp is responsible for the enforcement of all the laws mentioned above and for the public safety of all Georgians.

Please advise me if I must file a separate complaint with your office dedicated to the various state agencies involved with apparent funding violations outlined above – or if your investigators can and will use the information contained in this addition to my complaint against Gov. Kemp to examine my allegations regarding state agencies here.

Please forward my complaint to the Attorney General.

I have again read the mission statement and duties of your office:

“The State of Georgia Office of the Inspector General promotes transparency and accountability in state government. OIG diligently investigates fraud, waste, abuse, and corruption in the executive branch. We work to promote effective controls, improve agency policies and procedures, and identify opportunities for efficiency…”

I believe I have met the requirements for your office to investigate all concerned in this letter and have outlined a valid account that accounts for nearly all of the examples of  illegal government actions in your “what we do” statement.

I will be grateful for a note that you have received this additional information and complaint. I will follow up on it.

Sincere congratulations on your appointment to the Judicial Branch.

 

Respectfully,

D.A. King

 

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