We like the concept! But SB 448 looks like a campaign bill to me. While it calls for a “citizenship status” check to determine if a “detained” and/or arrested individual is “lawfully present” in this country, it doesn’t go any further in explaining exactly how the law enforcement officer would go about that status check. Not even by saying the documents on the subject’s person should be used. I struggle not to type “poorly written.” Oops.
We again feel compelled to remind all concerned that “lawfully present” is a term that is not defined by congress in the INA.
The 11th circuit court of appeals of appeals weighed in on that in 2019.
But…what, exactly does the LEO do with the information if it looks like the subject is an illegal alien? Maybe nothing?
And why would we watch as yet another law like this is even discussed when OCGA 42-4-14 is ignored?
Progress would be to actually add a written penalty to OCGA 42-4-14.
“SB 448 ( LC 28 0368 )
Law Enforcement Officers and Agencies; peace officer in this state who lawfully arrests an individual with or without a warrant or as the result of a traffic stop shall check such individual’s citizenship status; provide”
“First Reader Summary