Georgia Governor Brian Kemp recently signed a bill into law requiring jailers to check the immigration status of inmates and work with federal immigration officials instead of protecting those in the U.S. illegally. The bill was signed into law at the Georgia Public Safety Training Center in Forsyth, with most provisions taking effect immediately. Another law signed by Kemp requires cash bail for an additional 30 crimes and limits the number of individuals charitable bail funds can post cash bonds for. The immigration bill was a top priority for Kemp following the death of a nursing student at the hands of someone in the country illegally.
The suspect in the case, Jose Ibarra, unlawfully crossed into the United States in 2022 and was arrested for murder and assault charges in the death of the nursing student. Kemp emphasized that individuals who enter the country illegally and commit further crimes will not go unpunished. The bill faced criticism from Democrats who were concerned about turning law enforcement into immigration police and potentially discouraging communities from working with police and reporting crimes. Research has shown that immigrants are less likely to commit crimes than native-born Americans, and local governments will be denied state funding if they do not cooperate with the law.
Under the new law, jails are required to apply for an agreement with U.S. Immigrations and Customs Enforcement (ICE) to allow local jailers to assist with enforcing immigration law. However, local jailers are not allowed to make immigration-specific arrests outside of jails. In addition to the changes to immigration-related procedures, the bill also mandates that criminals be held on bail to keep them in custody. This is a departure from previous policies that allowed judges to release most individuals accused of misdemeanors without bail. Supporters of the bill argue that judges still have discretion to set low bails, and a provision requiring judges to consider an individual’s ability to pay bail remains in effect.
The new laws signed by Governor Kemp mark a shift in Georgia’s approach to immigration enforcement and bail policies. The bill requiring cooperation with federal immigration officials aims to hold individuals who are in the country illegally accountable for their actions, especially in cases where they commit further crimes. The cash bail law will ensure that individuals accused of crimes are held in custody, departing from previous policies that allowed for the release of many misdemeanor offenders without bail. These laws have sparked debate and controversy among lawmakers and advocates, highlighting the complex and contentious nature of immigration and criminal justice policies.
