House passes bill to restrict funding to Georgia law enforcement that fail to work with ICE

Athens-Clarke County police block traffic and investigate at the UGA intramural Fields after the body of a women was found with visible injuries in the woods around Lake Herrick in Athens, Ga., on Thursday, Feb. 22, 2024.
Athens-Clarke County police block traffic and investigate at the UGA intramural Fields after the body of a women was found with visible injuries in the woods around Lake Herrick in Athens, Ga., on Thursday, Feb. 22, 2024.

Legislation that would restrict funding for Georgia law enforcement agencies that fail to aid federal immigration authorities passed on Thursday in the state House, backed exclusively by Republican lawmakers.

House Bill 1105, which would withhold federal and state funding from sheriffs who refuse to report undocumented detainees and prisoners to Immigration and Customs Enforcement, passed in the House on Crossover Day in a 97-74 vote, adding teeth to an existing state law that has largely gone unenforced.

The bill, also called the Georgia Criminal Alien Track and Report Act of 2024, was introduced by state Rep. Jesse Petrea (R-Savannah) in January. It gained momentum soon after the death of 22-year-old Athens nursing student Laken Riley on Feb. 22 on the University of Georgia campus. UGA police have charged Jose Antonio Ibarra, 26, an undocumented Venezuelan man living in Athens, with her murder.

FILE - Rep. Jesse Petrea (R-Savnnah) on the Georgia General Assembly House floor. House Bill 1105, authored by Petrea, passed the state House on Thursday, Feb. 29, 2024. The bill would withhold funding to law enforcement agencies that fail to report to ICE any undocumented detainees.
FILE - Rep. Jesse Petrea (R-Savnnah) on the Georgia General Assembly House floor. House Bill 1105, authored by Petrea, passed the state House on Thursday, Feb. 29, 2024. The bill would withhold funding to law enforcement agencies that fail to report to ICE any undocumented detainees.

In addition to restricting funding for law enforcement agencies that refuse to partner with federal immigration authorities, sheriffs who do not comply with the law may be charged with violating their oath of office, a misdemeanor offense. The measure would also require sheriffs and jailers to publicly post the number of undocumented inmates who are booked into their facilities.

A number of House Democrats took the floor to voice concerns about how the bill would impact communities of color and immigrants in Georgia.

“We have had enough of minorities and immigrants having to refuse police services because they fear being twice victimized simply because their skin is brown or they have an accent,” Rep. Pedro "Pete" Marin (D-Duluth) said. “HB 1105 is an overreach. It goes too far.”

More: Georgia Republicans seek new laws to crack down on immigrants after Laken Riley's death

Petrea dismissed concerns that the bill would impact most immigrant communities, arguing that it would only impact undocumented individuals who violate Georgia laws.

“This issue is not about immigrants,” Petrea said as he presented the bill on the House floor. “This issue is about people illegally in the country, not immigrants. They are two different things.”

The latest iteration of the measure incorporates language from House Bill 1415, which was authored by state Rep. Houston Gaines (R-Athens).

Georgia state Representative Houston Gaines
Georgia state Representative Houston Gaines

The revised bill would require that all eligible law enforcement agencies partner with ICE by participating in the national 287(g) program, or risk losing state funding. Georgia currently has five counties enrolled in the program, as well as the state Department of Corrections.

Supporters of the bill say the measure will help ensure that sheriffs across Georgia are properly enforcing current immigration laws.

Representatives from multiple organizations spoke out against the bill at a Wednesday hearing. Opponents say that similar immigration bills have resulted in an increase in racial profiling and prompt many immigrants not to report crimes to authorities.

“If passed, this legislation will drive a wedge between local public safety officials and the communities they serve,” said Kyle Gomez-Leineweber, the director of public policy for the GALEO Impact Fund.

Maria del Rosario Palacios, the executive director of Georgia Familias Unidas, said she knows from personal experience how fear can convince minorities from acting in their own self interests by seeking police help.

“When I was a legal permanent resident, before I became naturalized, I thought twice about calling law enforcement because if there was any kind of scratch on the abuser from me defending myself, then I knew what would happen," she said. "I knew that law enforcement could take both of us into custody, and that my immigration status would be in question.”

The bill passed in the House after about 90 minutes of debate. It now heads to the state Senate for further debate.

This article originally appeared on Savannah Morning News: House passes bill defunding the police for refusing to work with ICE