SB21: SB21 Local Governments; violation of the prohibition on immigration sanctuary policies; waive sovereign and governmental immunities

Georgia law already bars local governments from adopting 'sanctuary' policies that limit cooperation with federal immigration enforcement, and it requires jailers to comply with federal immigration detainer notices, which ask them to hold someone believed to be in the country illegally for possible transfer to federal custody. This bill adds a consequence for breaking those rules. It amends Chapter 80 of Title 36 of the Official Code of Georgia so that if a local governing body violates the sanctuary policy ban, the local government and its officials and employees lose their sovereign and governmental immunity, meaning they can be sued over that violation. It similarly amends O.C.G.A. § 42-1-11.5 so that sheriffs, wardens, police chiefs, or the state corrections commissioner who fail to honor an immigration detainer notice also lose their immunity for that failure. The bill repeals any conflicting laws.

• Adds a new subsection to O.C.G.A. § 36-80-23 waiving sovereign and governmental immunity for local governing bodies and their officials and employees that violate the state's immigration sanctuary policy ban.
• Rewrites O.C.G.A. § 42-1-11.5 to waive sovereign and other governmental immunities for any custodial authority (sheriff, warden, police chief, or commissioner) that fails to comply with an immigration detainer notice.
• Keeps the existing requirement that custodial authorities comply with, honor, and fulfill immigration detainer notices and notify the detained person of the notice.
• Repeals any existing laws that conflict with these immunity waivers.

County and municipal governments, local elected officials and government employees, sheriffs, county jail wardens, municipal police chiefs, and the state corrections commissioner, as well as people detained in county jails, correctional institutions, or municipal detention facilities who are subject to federal immigration detainer notices.

By removing legal immunity, the bill opens local governments and law enforcement officials to lawsuits if they adopt sanctuary-type policies or refuse to hold someone under a federal immigration detainer notice, creating a financial and legal incentive for compliance that did not exist before.

• Section 1 adds subsection (f) to O.C.G.A. § 36-80-23, waiving sovereign immunity of local governing bodies and governmental immunity of their officials and employees for violations of the sanctuary policy prohibition.
• Section 2 rewrites O.C.G.A. § 42-1-11.5, defining 'custodial authority' and 'immigration detainer notice' and requiring custodial authorities to comply with and honor detainer notices and inform detained individuals of them.
• Section 2 also adds subsection (c), waiving sovereign and other governmental immunities of a custodial authority that violates the detainer compliance requirement.
• Section 3 repeals all laws and parts of laws that conflict with the Act.

1. 2026-03-19House Withdrawn, Recommitted (House)
2. 2025-04-04House Withdrawn, Recommitted (House)
3. 2025-03-27House Committee Favorably Reported (House)
4. 2025-02-19House Second Readers (House)
5. 2025-02-18House First Readers (House)
6. 2025-02-13Senate Passed/Adopted By Substitute (Senate)
7. 2025-02-13Senate Third Read (Senate)
8. 2025-02-10Senate Read Second Time (Senate)

• Blake Tillery (R, SD-019)Primary sponsor
• Matt Brass (R, SD-006)
• Larry Walker (R, SD-020)
• Marty Harbin (R, SD-016)
• Max Burns (R, SD-023)
• Shawn Still (R, SD-048)
• Jason Anavitarte (R, SD-031)
• Bo Hatchett (R, SD-050)
• Brandon Beach (R, SD-021)
• Chuck Hufstetler (R, SD-052)
• Randy Robertson (R, SD-029)
• Ed Setzler (R, SD-037)
• Greg Dolezal (R, SD-027)
• Brian Strickland (R, SD-042)
• Drew Echols (R, SD-049)
• Colton Moore (R, SD-053)
• Clint Dixon (R, SD-045)
• Carden Summers (R, SD-013)
• Steve Gooch (R, SD-051)
• John Kennedy (R, SD-018)
• Jesse Petrea (R, HD-166)

1. FailedSenate voteFebruary 13, 2025

   20 yea, 31 nay (0 not voting, 5 absent)

   Adoption Of The Amendment By The Sen From The 55th As Amended: Senate Vote #53

2. PassedSenate voteFebruary 13, 2025

   33 yea, 18 nay (0 not voting, 5 absent)

   Passage By Substitute: Senate Vote #54

• immigration enforcement
• sanctuary policies
• local government liability
• sheriffs and jails
• sovereign immunity