Georgia Gov. Kemp Signs Bill Requiring Sheriffs to Enforce Federal Immigration Law

Georgia Gov. Brian Kemp in Atlanta on May 24, 2022. Joe Raedle/Getty Images

Georgia Gov. Brian Kemp on May 1 signed into law a number of bills, including tough new immigration enforcement legislation aimed at bolstering public safety.

The Republican governor signed approximately 10 new measures into law that he said would counteract lawlessness, boost recruitment of law enforcement officers, make communities safer, and provide the state’s judicial system with “even tougher tools to bring violent offenders to justice.”

Among the measures signed into law was House Bill 1105, which requires local and state law enforcement to check the immigration statuses of people older than 18 who are arrested or detained and of those an “officer has probable cause to believe” have committed a crime.

Local law enforcement officials must also cooperate with federal authorities by notifying them when illegal immigrants are arrested and by detaining them for deportation.

Local law enforcement agencies that fail to comply with the law risk losing state funding, and local officials who do not cooperate with immigration authorities may be subject to misdemeanor charges, according to the bill.

Republicans pushed for House Bill 1105 in the wake of the murder of nursing student Laken Riley. Venezuelan immigrant Jose Ibarra, who authorities say entered the country illegally, is the suspect in the killing of Ms. Riley.

The 22-year-old nurse was murdered at the campus of the University of Georgia in Athens while jogging through a wooded area.

Mr. Ibarra was arrested in February on murder and assault charges in relation to her death.

He was first arrested by U.S. Customs and Border Protection on Sept. 8, 2022, after he crossed into the United States near El Paso, Texas, according to Immigration and Customs Enforcement (ICE) officials. However, he was paroled and released for further processing, according to ICE.

Mr. Ibarra was arrested by New York police roughly a year later and charged with “acting in a manner to injure a child less than 17” and a motor vehicle license violation, ICE said.

‘Biden Administration Has Failed in Its Duties’

In signing House Bill 1105 into law, Mr. Kemp took aim at what he said was President Joe Biden’s failure to act to secure the border amid the ongoing immigration crisis.

“The Biden administration has failed in its duties to secure our southern border and as a result, we do not know who has entered our country or where they are going,” Mr. Kemp said. “But in Georgia, we will do everything in our power to ensure criminals are not allowed to walk free and terrorize communities.”

“People who thought sanctuary cities were a good idea,” he added. “They are not. People have to come into the country legally. We support legal immigration, but when you got people coming in here illegally, committing crimes, multiple crimes, especially killing someone, we are not going to stand for that.”

While Republicans widely supported House Bill 1105, organizations including the Georgia Latino Alliance for Human Rights have protested against the measure, arguing that it endangers immigrant lives and will lead to increased racial profiling.

During debate on the measure, Pedro Marin, the longest-serving Latino member of the Georgia House of Representatives, accused lawmakers of pursuing “fear as a strategy” CNN reports.

“But our community cannot and should not be collectively punished for the horrific actions of one,” he said in February, according to the outlet.

Former President Donald Trump speaks as supporters hold images of Laken Riley during a campaign event in Rome, Ga., on March 9, 2024. Elijah Nouvelage/AFP via Getty Images

Conservative States Move to Secure Border

The signing of the bill in Georgia comes as conservative states across the country—including Florida, Georgia, Iowa, Louisiana, Oklahoma, and Tennessee—have moved to implement various border security legislation targeting illegal immigration.

Last month, Tennessee Gov. Bill Lee signed into law a bill requiring law enforcement agencies to inform federal immigration authorities if they have an illegal immigrant in custody. As is the case with House Bill 1105 in Georgia, they must also cooperate with efforts to deport them.

Meanwhile, Iowa Gov. Kim Reynolds, who is also a Republican, signed into law Senate File 2340, under which it is a misdemeanor for anyone who has an outstanding deportation order, has been deported, or has been denied admission to the United States to be in Iowa. They must also not attempt to enter the state.

In Florida, Republican Gov. Ron DeSantis signed three new bills in March aimed at deterring illegal aliens from staying in the state, including one that increases the penalties for illegal aliens who are deported and then return to commit a crime in Florida and another that invalidates ID cards issued to illegal aliens in other states.

Mr. Kemp on May 1 also signed into law a number of other bills that he said will strengthen Georgia’s ban on sanctuary cities, crack down on criminals who introduce contraband into the state’s prisons, and increase the penalties for drive-by shootings that damage buildings.

Another bill adds 30 offenses to the definition of “bail-restricted offense,” and another increases the penalties against the false reporting of bomb threats or other serious incidents, also known as swatting.

Darlene McCormick Sanchez contributed to this report.