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Illegal immigration in Georgia & SB 448 – perhaps the most, um… ‘incomplete’ bill for 2022 in the Georgia state senate #ButchMiller

February 17, 2022 By D.A. King

Sen. Butch Miller, SB 448 sponsor. Photo: Ga General Assembly

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.

Maybe the sponsors could refer to this? See also 8 USC 1304

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

A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to provide that each peace officer in this state who lawfully arrests or detains an individual with or without a warrant or as the result of a traffic stop shall check such individual’s citizenship status to determine if such individual is lawfully present in this country; to provide for related matters; to repeal conflicting laws; and for other purposes.
“BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:  
SECTION 1.  
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new Code section to read as follows:  
  
“35-1-24.  
Each peace officer, as such term is defined in Code Section 35-8-2, in this state who  
lawfully arrests or detains an individual with or without a warrant or as the result of a  
traffic stop shall check such individual’s citizenship status to determine if such individual  
is lawfully present in this country.“

Sponsors

No.Number in list Name District
1. Miller, Butch 49th
2. Mullis, Jeff 53rd
3. Gooch, Steve 51st
4. McNeill, Sheila 3rd
5. Payne, Chuck 54th
6. Hickman, Billy 4th
7. Burns, Max 23rd

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