Maina wa Njuguna
Georgia State governor Brian Kemp (R) on May 1st signed into law House Bill 1105 [Georgia Criminal Alien Track and Report Act of 2024]. This formally deputized all counties and local law enforcement in the state as an extension of immigration and customs enforcement agents commonly known as ICE.
The federal program known as 287(g) is the foundation for the agreements between the federal government which has jurisdiction over all immigration matters and state or local governments which do not.
Previously in Georgia, it was the prerogative of local authorities such as the sheriffs to participate or not participate in the program.
Immigration law gained momentum in the Georgia legislative session after the death of 22-year-old Laken Riley who was found dead on University of Georgia (UGA) campus. Jose Antonio Ibarra an undocumented immigrant, was charged for Riley’s death earlier this year.
A sheriff is an elected civilian who is responsible for county wide peace (make arrests, respond to calls); attend the courts (superior court bailiffs); and operate the county jail.
Under the sheriff are deputy sheriffs who are commonly seen around and carry out the sheriff’s duties listed above. In this instance, the new Georgia law House Bill 1105 requires that when officers come in contact with an inmate(s) in local jails to ascertain their legal status in the country.
Failure to comply with the new immigration law that will result in local governments losing state funding and law enforcement officers and local officials being charged with a misdemeanor for ignoring the sanctuary laws.
CONTROVERSY
287(g) has been met with much resistance by migrants advocacy groups which have charged these agreements lead to racial profiling, civil rights violations, isolation of immigrant communities, and family separations.
The latter was a major bone of contention during former President Trump’s administration when thousands of children were separated from their parents who had crossed the US-Mexico border without permission.
It was meant to be punitive and serve as a deterrent to crossing the border illegally. To this day, some children have never been reunited with their parents or guardians.
Advocacy groups opposed to the new law recently voiced their protests. Some include: Project South, Georgia Latino Alliance for Human Rights (GLAHR), Friends of The Congo, Women Watch Africa, and others.
Before the new law was penned, Project South Staff Attorney Priyanka Bhatt expressed her sentiments. “We are here to ask Governor Kemp to veto HB 1105. It’s an extremely harmful bill,” Bhatt said. “Our community is going to continue fighting. This is not the end.”
Nationwide, the continuous influx of migrants into the country has caused much concern so much that immigration is one of the top issues in this year’s federal and state elections.
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