---
title: HB 1053. Law enforcement officers and agencies; local law enforcement involvement with immigration and cooperation with federal authorities; repeal provisions
collection: bills
id: 2025-2026/hb1053
cite_as: HB 1053, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1053
md_url: https://georgiacommons.org/bills/2025-2026/hb1053.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1053/text
source_url: https://www.legis.ga.gov/legislation/72390
date: 2026-01-29
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1052.md
next: https://georgiacommons.org/bills/2025-2026/hb1054.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1053.md?full=1
bill_number: HB 1053
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-27
last_action: House Second Readers
sponsors:
- Marvin Lim
- Ruwa Romman
- Gabriel Sanchez
- David Wilkerson
- Karen Lupton
- Tanya Miller
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1053/2025
upstream_id: 2095036
summaries_model: claude-sonnet-5
topic_tags:
- immigration enforcement
- local law enforcement
- sanctuary policies
- crime victim visas
- jail policy
---
# HB 1053. Law enforcement officers and agencies; local law enforcement involvement with immigration and cooperation with federal authorities; repeal provisions
## Text
House Bill 1053
By: Representatives Lim of the 98th, Romman of the 97th, Sanchez of the 42nd, Wilkerson of
the 38th, Lupton of the 83rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, so as to repeal provisions relating to local law enforcement
involvement with immigration and cooperation with federal authorities; to provide for
immigration certifications for victims of certain crimes; to provide a process for obtaining
such certifications; to provide for deadlines; to provide for notice of decisions about requests
for immigration certifications; to provide for appeal; to provide for information sharing with
federal immigration officers; to provide for immunity; to provide for annual reports; to
provide for training; to provide for enforcement; to provide for civil remedies; to provide for
attorney fees and costs; to provide for investigations by the Attorney General; to provide for
and revise definitions; to amend Title 17 of the Official Code of Georgia Annotated, relating
to criminal procedure, so as to repeal provisions relating to the verification of immigration
status; to amend Title 36 of the Official Code of Georgia Annotated, relating to local
government, so as to repeal provisions relating to immigration sanctuary policies; to amend
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to
repeal provisions relating to reports regarding foreign-born inmates in custody, compliance
with immigration detainer notices, and reporting requirements; to remove verification of
immigration status; to remove the requirement for an interpreter and records of
communications; to remove penalties; to amend Title 45 of the Official Code of Georgia
Annotated, relating to public officers and employees, so as to revise the authority of the
Attorney General regarding certain investigations and prosecutions; to amend Title 50 of the
Official Code of Georgia Annotated, relating to state government, so as to make confirming
changes; to revise requirements for compliance; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and
agencies, is amended by repealing Code Section 35-1-17, relating to state and local law
enforcement actions relating to immigration laws, authority, immunity, and penalty, and
enacting a new Code Section 35-1-17 to read as follows:
"35-1-17.
(a) As used in this Code section, the term:
(1) 'Certification form' means a law enforcement certification form or statement required
by federal immigration law certifying that a person is a victim of qualifying criminal
activity, including, but not limited to, the information required by Section 1184(p) of
Title 8 of the United States Code, including current United States Citizenship and
Immigration Services Form I-918, Supplement B, or any successor form, for purposes of
obtaining a U visa or the information required by Section 1184(o) of Title 8 of the United
States Code, including current United States Citizenship and Immigration Services Form
I-914, Supplement B, or any successor form, for purposes of obtaining a T visa.
(2) 'Certifying agency' means a state or local law enforcement agency, prosecutor, or
other public entity that has responsibility for the investigation or prosecution of
qualifying criminal activity, including any state agency or department that conducts
criminal investigations.
(3) 'Certifying official' means a person designated under subsection (b) of this Code
section.
(4) 'Qualifying criminal activity' means any activity, regardless of the stage of
investigation or prosecution, that is designated in Section 1101(a)(15)(U)(iii) of Title 8
of the United States Code, and in any implementing federal regulations, supplementary
information, guidance, and instructions applicable to such federal provision.
(5) 'Victim of qualifying criminal activity' means a person described in
Section 1101(a)(15)(U)(i)(I) of Title 8 of the United States Code or in the definition of
'victim of a severe form of trafficking' or 'victim of trafficking' in Section 7102 of Title 22
of the United States Code, and in any implementing federal regulations, supplementary
information, guidance, and instructions applicable to such federal provision.
(b) The head of each certifying agency shall designate an official or officials in
supervisory roles either within such agency or, by agreement, from another agency with
concurrent jurisdiction over the same geographic area or subject matter to be a certifying
official. Such certifying officials shall not be members of a collective bargaining unit
represented by a labor organization unless the official is an attorney or is employed in an
agency in which all supervisory officials are members of a collective bargaining unit. Such
certifying officials shall:
(1) Respond to requests for completion of certification forms received by the certifying
agency as required by this Code section; and
(2) Make information regarding such agency's procedures for certification requests
publicly available for victims of qualifying criminal activity and their representatives.
(c) Any person seeking completion of a certification form shall submit a request for
completion of such form to the certifying official for any certifying agency that
investigated or prosecuted the criminal activity upon which the request is based.
(d) A request for completion of a certification form under this Code section may be
submitted by a representative of the person seeking the certification form, including, but
not limited to, an attorney, a United States Department of Justice accredited representative,
or a domestic violence or sexual assault services provider.
(e) Upon receiving a request for completion of a certification form, a certifying official
shall complete such form for any alleged victim of qualifying criminal activity. In
completing the certification form, there is a rebuttable presumption that such victim is
helpful, has been helpful, or is likely to be helpful to the investigation or prosecution of that
qualifying criminal activity if such victim has not previously refused or failed to provide
information and assistance reasonably requested by the certifying agency. The certifying
official shall fully complete and sign the certification form and, regarding victim
helpfulness, include specific details about the nature of the crime investigated or prosecuted
and a detailed description of such victim's helpfulness or likely helpfulness to the
investigation or prosecution of the qualifying criminal activity.
(f)(1) The certifying official shall complete the certification form and provide it to the
person requesting completion of such form within 90 business days of receiving the
request; provided, however, that:
(A) If the alleged victim of qualifying criminal activity is in federal immigration
removal proceedings or detained, the certifying official shall complete and provide the
certification form to such person no later than 21 business days after the request is
received by the certifying agency;
(B) If the children, parents, or siblings of the alleged victim of qualifying criminal
activity would become ineligible for benefits under Sections 1184(p) and 1184(o) of
Title 8 of the United States Code by virtue of such victim's children having reached the
age of 21 years, such victim having reached the age of 21 years, or such victim's sibling
having reached the age of 18 years within 90 business days from the date that the
certifying official receives the certification request, the certifying official shall complete
and provide the certification form to such person no later than 21 business days after
the request is received by the certifying agency; or
(C) If the children, parents, or siblings under paragraph (2) of this subsection would
become ineligible for benefits under Sections 1184(p) and 1184(o) of Title 8 of the
United States Code within 21 business days of receipt of the certification request, the
certifying official shall complete and provide a certification form to such person within
five business days.
(2) A certifying official may extend the time period by which he or she must complete
and provide the certification form as required under this subsection only upon written
agreement with the person making the request or such person's representative. Requests
for expedited completion of a certification form under paragraph (1) of this subsection
shall be affirmatively raised in writing to the certifying agency by the person making the
request or such person's representative and shall establish that the alleged victim of
qualifying criminal activity for whom the certification form is requested is eligible for
expedited review.
(g) A person who receives a certification form under this Code section may request the
certifying agency to reissue the form as needed. When a request to reissue is made, the
certifying official who issued the initial certification form shall complete and reissue such
form within 90 business days of receiving the request. If the person seeking a reissued
certification form has a deadline to respond to a request for evidence from United States
Citizenship and Immigration Services, the certifying official shall complete and reissue the
form no later than 21 business days after the request is received by the certifying official.
Requests for expedited reissuance shall be affirmatively raised in writing by the person
making the request or such person's representative and shall establish that the person is
eligible for expedited review. A certifying official may extend the deadline by which he
or she will complete and reissue the certification form only upon written agreement with
the person making the request or such person's representative.
(h)(1) Notwithstanding any other provision of this Code section, a certifying official's
completion of a certification form shall not be considered conclusive evidence that an
applicant for a U or T visa has met all eligibility requirements for that visa and
completion of a certification form by a certifying official shall not be construed to
guarantee that the applicant will receive federal immigration relief. It is the exclusive
responsibility of federal immigration officials to determine whether a person is eligible
for a U or T visa. Completion of a certification form by a certifying official merely
verifies factual information relevant to the federal immigration benefit sought, including,
but not limited to, information relevant for federal immigration officials to determine
eligibility for a U or T visa. By completing a certification form, the certifying official
attests that the information is true and correct to the best of such official's knowledge.
(2) No provision in this Code section shall limit the manner in which a certifying agency
or certifying official describes whether the person requesting a certification form has
cooperated and been helpful to the certifying agency nor shall it limit a certifying agency
or certifying official from providing any additional information such agency or official
determines is relevant to a federal immigration officer's adjudication of a U or T visa
application. If, after completion of a certification form, the certifying agency or
certifying official determines that the person requesting the form was not a victim of
qualifying criminal activity or such person unreasonably refuses to assist in the
investigation or prosecution of the qualifying criminal activity of which he or she is a
victim, the certifying agency or certifying official shall be authorized to notify United
States Citizenship and Immigration Services in writing.
(i) A certifying agency or certifying official receiving requests for completion of
certification forms shall not disclose the immigration status of any person requesting
completion of such forms; provided, however, that immigration status shall be disclosed
if required by federal or state law or a court order, or if authorized by the person requesting
the certification form.
(j) If a certifying official determines that the person is not a victim of qualifying criminal
activity, the certifying official shall provide written notice to such person or such person's
representative explaining why the available evidence does not support such a finding. The
certifying official shall submit the notice to the address provided in the initial request and
shall provide contact information so that the person or such person's representative can
appeal the decision. The certifying agency shall review and respond to any such appeals
within 30 business days.
(k) Notwithstanding subsection (j) of this Code section, no such person or person's
representative is required to file an appeal or otherwise exhaust any administrative
remedies with a certifying agency under subsection (j) of this Code section before filing
an action for mandamus or other equitable relief in a court of competent jurisdiction to
enforce this Code section.
(l) A certifying agency or certifying official acting in good faith compliance with this Code
section shall have immunity from civil or criminal liability that might otherwise occur as
a result of so acting or failing to act, with the exception of willful or wanton misconduct.
(m) No certifying agency or certifying official shall be liable for attorney fees or costs
associated with the filing of an action seeking enforcement of this Code section unless the
party seeking enforcement demonstrates willful or wanton misconduct by such agency or
official.
(n)(1) To ensure compliance with this Code section, certifying agencies shall submit a
report annually to the Attorney General that includes the following:
(A) The date of receipt of each request for completion of a certification form under this
Code section; and
(B) The date on which the certifying agency provided the completed certification form
to the person seeking completion of the form or provided written notice explaining why
the available evidence did not support a finding that the person was a victim of
qualifying criminal activity.
(2) If a certifying agency receives no requests for completion of a certification form
during a reporting period, the agency shall certify and report to the Attorney General that
no such requests were received.
(3) Certifying agencies shall not include names or other personal identifying information
in any reports submitted under this Code section.
(o) Each certifying agency shall arrange for annual training for certifying officials
regarding the requirements of this Code section.
(p)(1) The Attorney General shall have authority to conduct investigations into violations
of this Code section and to:
(A) Require a certifying agency or certifying official to file a written statement or
report under oath that contains information requested by the Attorney General;
(B) Examine under oath a certifying official or any other person alleged to have
knowledge about an alleged violation of this Code section; and
(C) Issue subpoenas, obtain records, conduct hearings, or take any other actions in aid
of any investigation under this Code section.
(2) If a certifying agency, certifying official, or any other person alleged to have
knowledge about an alleged violation of this Code section fails to comply, in whole or
in part, with a subpoena or other investigative request issued pursuant to this paragraph,
the Attorney General is authorized to seek compliance through a court of competent
jurisdiction.
(3) The Attorney General is authorized to file an action for declaratory, injunctive, or any
other equitable relief in a court of competent jurisdiction against any certifying agency
or certifying official that violates any provision of this Code section.
(4) The remedies under this subsection are in addition to any other available remedies.
(a) Legislative intent. It is the intent of the General Assembly to promote compliance
with state law related to deterring the presence of criminal illegal aliens and require
Georgia law enforcement officials to work in conjunction with federal immigration
authorities and to utilize all resources made available by the federal government to assist
state and local law enforcement officers in the enforcement of the laws of this state and of
the United States.
(b) Cooperation with federal authorities.
(1) To the extent authorized by federal law, state and local government employees,
including law enforcement officers and prosecuting attorneys, shall send, receive, and
maintain information relating to the immigration status of any individual as reasonably
needed for public safety purposes. Except as provided by federal law, such employees
shall not be prohibited from receiving or maintaining information relating to the
immigration status of any individual or sending or exchanging such information with
other federal, state, or local governmental entities or employees for official public safety
purposes;
(2) State and local agencies shall promote compliance with state law related to deterring
the presence of criminal illegal aliens and shall be authorized to enter into memorandums
of understanding and memorandums of agreement with the United States Department of
Justice, the Department of Homeland Security, or any other federal agency for the
purpose of enforcing federal immigration laws, including 287(g) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 or a similar federal
program. A local agency shall seek such memorandums of understanding annually when
no current memorandum of agreement is in effect;
(3) Except as provided by federal law, no state or local agency or department shall be
prohibited from utilizing available federal resources, including data bases, equipment,
grant funds, training, or participation in incentive programs for any public safety purpose
related to the enforcement of state and federal immigration laws; and
(4) When reasonably possible, applicable state agencies shall consider incentive
programs and grant funding for the purpose of assisting and encouraging state and local
agencies and departments to enter into agreements with federal entities and to utilize
federal resources consistent with the provisions of this Code section.
(c) Authority to transport illegal aliens. If a state or local law enforcement officer has
verification that a person is an illegal alien, then such officer shall be authorized to securely
transport such illegal alien to a federal facility in this state or to any other temporary point
of detention and to reasonably detain such illegal alien when authorized by a federal
immigration detainer or federal arrest warrant. Nothing in this Code section shall be
construed to hinder or prevent a peace officer or law enforcement agency from arresting
or detaining any criminal suspect on other criminal charges.
(d) Authority to arrest illegal aliens. When authorized by federal law, a state or local
law enforcement officer shall be authorized to arrest any person based on such person's
status as an illegal alien or for a violation of any federal immigration law.
(e) Immunity. A law enforcement officer or government official or employee, acting in
good faith to enforce immigration laws pursuant to a memorandum or an agreement with
federal authorities to collect or share immigration status information, or to carry out any
provision of this Code section, shall have immunity from damages or liability from such
actions.
(f) Penalty. A local governing body of a law enforcement agency that violates this Code
section shall be subject to the withholding of state funding or state administered federal
funding other than funds for the purposes of providing those services specified in
subsection (d) of Code Section 50-36-1. As a condition of funding to a local governing
body, the Department of Community Affairs, the Department of Transportation, or any
other state agency that provides funding to local governing bodies shall require certification
pursuant to Code Section 50-36-4 as proof of compliance with this Code section. No
county commission shall be subject to the withholding of state or federal funding pursuant
to this subsection when a sheriff or his or her employee violates this Code section."
SECTION 1-2.
Said title is further amended by revising Code Section 35-3-160, relating to DNA analysis
in felony convictions and certain felony charges and performance of tests, as follows:
"35-3-160.
(a) As used in this article, the term:
(1) 'Department' means the Department of Corrections.
(2) 'Detention facility' means a penal institution under the jurisdiction of the department,
including penal institutions operated by a private company on behalf of the department,
inmate work camps, inmate boot camps, probation detention centers, parole revocation
centers, and county correctional facilities.
(3) 'Division' means the Division of Forensic Sciences of the bureau.
(b)(1) A sample of deoxyribonucleic acid (DNA) shall be collected by oral swab or other
noninvasive procedure from any individual:
(A) Who has been convicted of a felony and is currently incarcerated in a detention
facility, serving a probation sentence, or serving under the jurisdiction of the State
Board of Pardons and Paroles for such felony; or
(B) Who has been charged with a felony, and sentence for such offense has been
imposed pursuant to Article 3 of Chapter 8 of Title 42 or pursuant to subsection (a) or
(c) of Code Section 16-13-2; or
(C) Who has been convicted of a felony and is subject to an immigration detainer
notice as such term is defined in Code Section 42-1-11.5.
(2) Unless a DNA sample has already been collected by the department or another
agency or entity, each DNA sample required by paragraph (1) of this subsection shall be
collected by the detention facility which is detaining or the entity which is supervising
such individual, and the sample shall be forwarded to the division.
(3) Paragraph (1) of this subsection shall not apply to any individual for a conviction for
a misdemeanor, to any individual who is charged with a misdemeanor and the sentence
for such misdemeanor is imposed pursuant to Article 3 of Chapter 8 of Title 42 regarding
first offenders, or because he or she has been charged with a misdemeanor.
(c) DNA analysis shall be performed by the division. The division shall be authorized to
contract with individuals or organizations for services to perform such analysis. The
identifying characteristics of the profile resulting from the DNA analysis shall be stored
and maintained by the bureau in a DNA data bank in accordance with Code
Sections 35-3-162 and 35-3-163 and shall be made available only as provided in Code
Section 35-3-163."
PART II
SECTION 2-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended in Code Section 17-4-23, relating to issuance of citation in lieu of arrest, issuance
of warrants for arrest for failure of persons charged to appear in court, and bond, by revising
paragraph (2) of subsection (a) as follows:
"(2) A law enforcement officer may arrest a person who meets the minimum age
requirements provided for in Code Section 16-3-1 accused of any misdemeanor violation
of Code Section 16-7-21, 16-8-14, 16-8-14.1, or 16-13-30 by the issuance of a citation,
provided that such offense is committed in his or her presence or information constituting
a basis for such arrest was received by the arresting officer or an investigating officer
from another law enforcement officer or other individual observing or aware of such
offense being committed. When an arrest is made for such offense, prior to releasing the
accused on citation, the arresting law enforcement officer shall review the accused's
criminal record as such is on file with the Federal Bureau of Investigation and the
Georgia Crime Information Center within the Georgia Bureau of Investigation, and
ensure that the accused's fingerprints are obtained, and shall seek to verify the
immigration status of the accused pursuant to Code Section 17-5-100."
SECTION 2-2.
Said title is further amended by revising Code Section 17-5-100, relating to investigation of
illegal alien status, as follows:
"17-5-100.
(a) As used in this Code section, the term:
(1) 'Criminal violation' means a violation of state or federal criminal law but shall not
include a violation of a county or municipal law, regulation, or ordinance.
(2) 'Illegal alien' means a person who is verified by the federal government to be present
in the United States in violation of the federal Immigration and Nationality Act.
(b) Except as provided in subsection (f) of this Code section, during any investigation of
a criminal suspect by a peace officer, when such officer has probable cause to believe that
a suspect has committed a criminal violation, the officer shall seek to verify such suspect's
immigration status when the suspect is unable to provide one of the following:
(1) A secure and verifiable document as defined in Code Section 50-36-2;
(2) A valid Georgia driver's license;
(3) A valid Georgia identification card issued by the Department of Driver Services;
(4) If the entity requires proof of legal presence in the United States before issuance as
evidenced by inclusion in the list compiled by the State Law Department pursuant to
paragraph (5) of subsection (b) of Code Section 13-10-91, any valid driver's license from
a state or district of the United States or any valid identification document issued by the
United States federal government;
(5) A document used in compliance with paragraph (2) of subsection (a) of Code
Section 40-5-21;
(6) A document set forth in subsection (d) of Code Section 42-4-14; or
(7) Other information as to the suspect's identity that is sufficient to allow the peace
officer to independently identify the suspect.
(c) When attempting to determine the immigration status of a suspect pursuant to
subsection (b) of this Code section, a peace officer shall be authorized to use any
reasonable means available to determine the immigration status of the suspect, including:
(1) Use of any authorized federal identification data base;
(2) Identification methods authorized by federal law, including those authorized by 8
U.S.C.A. Section 1373(c) and 8 U.S.C.A. Section 1644;
(3) Use of electronic fingerprint readers or similar devices; or
(4) Contacting an appropriate federal agency.
(d) A peace officer shall not consider race, color, or national origin in implementing the
requirements of this Code section except to the extent permitted by the Constitutions of
Georgia and of the United States.
(e) If during the course of the investigation into such suspect's identity, a peace officer
receives verification that such suspect is an illegal alien, then such peace officer may take
any action authorized by state and federal law, including, but not limited to, detaining such
suspected illegal alien, securely transporting such suspect to any authorized federal or state
detention facility, or notifying the United States Department of Homeland Security or
successor agency. Nothing in this Code section shall be construed to hinder or prevent a
peace officer or law enforcement agency from arresting or detaining any criminal suspect
on other criminal charges.
(f) No person who in good faith contacts or has contact with a state or local peace officer
or prosecuting attorney or member of the staff of a prosecuting attorney for the purpose of
acting as a witness to a crime, to report criminal activity, or to seek assistance as a victim
to a crime shall have his or her immigration status investigated based on such contact or
based on information arising from such contact.
(g) A peace officer, prosecuting attorney, or government official or employee, acting in
good faith to carry out any provision of this Code section, shall have immunity from
damages or liability from such actions. Reserved."
SECTION 2-3.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended
by revising Code Section 36-80-23, relating to prohibition on immigration sanctuary policies
by local governmental entities, certification of compliance, and punishment, as follows:
"36-80-23.
(a) As used in this Code section, the term:
(1) 'Federal officials or law enforcement officers' means any person employed by the
United States government for the purpose of enforcing or regulating federal immigration
laws and any peace officer certified by the Georgia Peace Officer Standards and Training
Council where such federal official or peace officer is acting within the scope of his or
her employment for the purpose of enforcing federal immigration laws or preserving
homeland security.
(2) 'Immigration status' means the legality or illegality of an individual's presence in the
United States as determined by the federal Immigration and Nationality Act.
(3) 'Immigration status information' means any information, not including any
information required by law to be kept confidential but otherwise including, but not
limited to, any statement, document, computer generated data, recording, or photograph,
which is relevant to immigration status or the identity or location of an individual who
is reasonably believed to be illegally residing within the United States or who is
reasonably believed to be involved in domestic terrorism in violation of Code Section
16-11-221 or a terroristic act as that term is defined by Code Section 35-3-62.
(4) 'Local governing body' means any political subdivision of this state, including any
county, consolidated government, municipality, authority, school district, commission,
board, or any other local public body corporate, governmental unit, sheriff's office, law
enforcement agency, or political subdivision.
(5) 'Local official or employee' means any elected or appointed official, supervisor or
managerial employee, contractor, agent, or certified peace officer acting on behalf of or
in conjunction with a local governing body.
(6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local
governing body which prohibits or restricts local officials or employees from complying
with an immigration detainer notice or communicating or cooperating with federal
officials or law enforcement officers with regard to reporting immigration status
information while such local official or employee is acting within the scope of his or her
official duties.
(b) No local governing body, whether acting through its governing body or by an initiative,
referendum, or any other process, shall enact, adopt, implement, or enforce any sanctuary
policy.
(c) Any local governing body that acts in violation of this Code section shall be subject to
the withholding of state funding or state administered federal funding other than funds to
provide services specified in subsection (d) of Code Section 50-36-1.
(d) As a condition of funding, the Department of Community Affairs, the Department of
Transportation, or any other state agency that provides funding to local governing bodies
shall require certification pursuant to Code Section 50-36-4 as proof of compliance with
this Code section.
(e)(1) It shall be unlawful for any local official or employee to knowingly and willfully
violate any provision of this Code section.
(2) A person convicted of a violation of this Code section shall be punished as for a
misdemeanor. A person convicted of a second or subsequent violation of this Code
section shall be punished as for a misdemeanor of a high and aggravated nature.
Reserved."
SECTION 2-4.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
by revising Code Section 42-1-11.4, relating to reports regarding foreign-born inmates in
custody, as follows:
"42-1-11.4.
The commissioner shall, on the official public website used by the department, publish a
report of aggregate data on the immigration status, offenses, and home countries of inmates
who are confined under the authority of the department who are not citizens of the United
States and to whom the United States Immigration and Customs Enforcement Division of
the Department of Homeland Security has issued immigration detainer notices as such term
is defined in Code Section 42-1-11.5. Each report shall include the total number of inmates
who are not citizens of the United States; provided, however, that any inmates who are
citizens of both the United States and one or more other countries shall be designated as
such as a separate category. Such report shall be first published on October 1, 2024, and
every 90 days thereafter; provided, however, that if the ninetieth day falls on a state holiday
or Saturday or Sunday, then such report shall be published the next business day.
Reserved."
SECTION 2-5.
Said title is further amended by revising Code Section 42-1-11.5, relating to compliance with
immigration detainer notices, as follows:
"42-1-11.5.
(a) As used in this Code section, the term:
(1) 'Custodial authority' means the commissioner if a person is in physical custody at a
penal institution, the sheriff if a person is in physical custody at a county jail, the warden
if a person is in physical custody at county correctional institution, and the chief of police
if a person is in physical custody at a municipal detention facility.
(2) 'Immigration detainer notice' means documentation issued by the federal government
requesting that a custodial authority maintain temporary custody of an illegal alien as
such term is defined in Code Section 42-4-14, including a United States Department of
Homeland Security Form I-247 document or a similar successor form.
(b) Any custodial authority who has custody of a person who is subject to an immigration
detainer notice shall:
(1) Comply with, honor, and fulfill any request made in the immigration detainer notice;
and
(2) Inform the person identified in the immigration detainer notice that the person is
being held pursuant to such notice. Reserved."
SECTION 2-6.
Said title is further amended by revising Code Section 42-4-14, relating to identity
verification of persons confined in a jail or detention facility, as follows:
"42-4-14.
(a) As used in this Code section, the term 'illegal alien' means a person who is verified by
the federal government to be present in the United States in violation of the federal
Immigration and Nationality Act.
(b) When any person is confined, for any period, in the jail of a county or a detention
facility of a municipality or a jail operated by a regional jail authority in compliance with
Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be
made within 48 hours of such person's arrival at the jail or detention facility and pursuant
to subsection (c) or (d) of this Code section to determine:
(1) The the nationality of the person so confined; and
(2) That the person so confined is not an illegal alien.
(c) If a person to be admitted to a county jail or municipal detention facility claims to be
a consular officer or diplomat, the jailer shall attempt to obtain such person's identification
and, upon verification of such person's status as a consular officer or diplomat, provide for
his or her immediate release. If a person who claims to be a consular officer or diplomat
is unable to produce credentials which provide for verification of diplomatic status, a
person in a supervisory role at such jail or detention facility shall contact the United States
Department of State during normal business hours or the Command Center of the Office
of Security of the United States Department of State outside of normal business hours to
request verification of such person's status as a consular officer or of other diplomatic
status.
(d)(1) Unless a person admitted to a county jail or municipal detention facility has been
positively identified as a consular officer or diplomat, the county jail or municipal
detention facility receiving the person for confinement shall attempt to verify lawful
presence through presentation of a driver's license or identification card issued by this
state or any state from the list compiled by the State Law Department pursuant to
paragraph (5) of subsection (b) of Code Section 13-10-91 or one of the following:
(A) A Form I-94 Arrival/Departure Record issued by the United States Department of
Homeland Security;
(B) A permanent resident alien card Form 551;
(C) A valid Nexus card;
(D) A valid global entry identification card issued by the United States Department of
Homeland Security; or
(E) A valid passport indicating the person is a United States citizen, has been issued
a visa, or is a citizen of a country participating in a visa waiver program administered
by the United States Department of State.
(2) If a person fails to produce a document required by this subsection, or verification
of the authenticity of any such document is necessary, a person in a supervisory role at
the county jail or municipal detention facility shall contact the Law Enforcement Support
Center (LESC) of the United States Department of Homeland Security or the Atlanta
office of the United States Immigration and Customs Enforcement Division of the
Department of Homeland Security for a determination of the person's lawful presence.
If the LESC of the United States Department of Homeland Security responds to contact
pursuant to this paragraph with a request to detain an illegal alien, he or she shall not be
released within 48 hours of receipt of such request; provided, however, that if such person
was released prior to such request to detain, such fact shall be communicated to the LESC
of the United States Department of Homeland Security. Any response received pursuant
to this paragraph which indicates an illegal alien is confined in a county jail or municipal
detention facility shall be forwarded to the local United States Immigration and Customs
Enforcement Division of the Department of Homeland Security.
(3) No person shall be detained solely due to the inability to contact the LESC of the
United States Department of Homeland Security pursuant to the provisions of this
subsection.
(4) No person identified as an illegal alien by the LESC of the United States Department
of Homeland Security pursuant to this subsection shall be detained unless a request to
detain has been received pursuant to paragraph (2) of this subsection.
(e) A county jail or municipal detention facility shall provide an interpreter for any person
to be confined who is unable to effectively communicate or understand the requirements
of this Code section.
(f) Each county jail or municipal detention facility shall maintain a record of all
communications made pursuant to this Code section for any person taken into custody of
such jail or detention facility.
(g)(d) Nothing in this Code section shall be construed to deny a person bond or from being
released from confinement when such person is otherwise eligible for release; provided,
however, that, upon verification that any person confined in a county jail or municipal
detention facility is an illegal alien, such person may be detained, arrested, and transported
as authorized by state and federal law.
(h)(1) It shall be unlawful for any jailer to knowingly and willfully violate any provision
of this Code section.
(2) A person convicted of a violation of this Code section shall be punished as for a
misdemeanor. A person convicted of a second or subsequent violation of this Code
section shall be punished as for a misdemeanor of a high and aggravated nature."
SECTION 2-7.
Said title is further amended by revising Code Section 42-4-16, relating to inmate reports by
county jails and municipal detention facilities, as follows:
"42-4-16.
(a) At least quarterly, an individual in a supervisory role at a county jail or municipal
detention facility shall prepare and post on the public website of the local jurisdiction
where his or her jail or detention facility is located, a report for his or her jail or detention
facility which includes the following information for the most recent quarter:
(1) The total number of inmates booked into the county jail or municipal detention
facility;
(2) The total number of inquiries made to the Law Enforcement Support Center (LESC)
of the United States Department of Homeland Security or any other federal agency
inquiring relating to the immigration status or prior arrests of foreign-born inmates;
(3) The total number of responses received for requests made by the county jail or
municipal detention facility pursuant to paragraph (2) of this subsection;
(4) The total number of responses as provided for in paragraph (3) of this subsection that
indicated a foreign-born inmate of the county jail or municipal detention facility is an
illegal alien as such term is defined in Code Section 42-4-14;
(5) The number of immigration detainers issued by the United States Immigration and
Customs Enforcement Division of the Department of Homeland Security for prisoners
in the county jail or municipal detention facility; and
(6) A sworn affidavit signed by the individual in a supervisory role at the county jail or
municipal detention facility verifying compliance with Code Section 42-4-14 and all
other applicable law.
(b) Any person who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in a report required by this Code section shall be guilty of a
violation of Code Section 16-10-20. Reserved."
SECTION 2-8.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,
is amended by revising Code Section 45-15-10, relating to Attorney General authorized to
prosecute for violations while dealing with or for state, assistance by state court prosecuting
officers, commencement of civil proceedings, and investigation and prosecution of violations
of immigration compliance reports, as follows:
"45-15-10.
The Attorney General, as the head of the Department of Law and the chief legal officer of
the state, is authorized to:
(1) Prosecute in the criminal courts of this state any official, person, firm, or corporation
which violates any criminal statute while dealing with or for the state or any official,
employee, department, agency, board, bureau, commission, institution, or appointee
thereof;
(2) Call upon the district attorney or the prosecuting officer of any state court to assist
in or to conduct such prosecution; and, when so requested by the Attorney General, it
shall be the duty of any such district attorney or prosecuting officer of this state to assist
in or to conduct such prosecution for and on behalf of the Attorney General and the state;
(3) Commence civil forfeiture proceedings, as such term is defined in Code
Section 9-16-2, pursuant to Code Section 16-14-7 whenever he or she is authorized to
prosecute a case pursuant to this Code section; and
(4) Investigate and prosecute violations of Code Sections 36-80-23, 42-4-14, and
42-4-16; and
(5)(4) Investigate failure to comply with Code Sections Section 35-1-17, 42-1-11.4,
42-1-11.5, and 50-36-4."
SECTION 2-9.
Title 50 of the Official Code of Georgia Annotated, relating state government, is amended
by revising Code Section 50-36-4, relating to submission of annual immigration compliance
report, creation of reporting system, contents of reports, and annual review, as follows:
"50-36-4.
(a) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority,
commission, or governmental entity of this state or any subdivision of this state.
(2) 'Annual reporting period' means from December 1 of the preceding year through
November 30 of the year in which the report is due.
(3) 'Contractor' shall have the same meaning as set forth in Code Section 13-10-90.
(4) 'Department' means the Department of Audits and Accounts.
(5) 'Physical performance of services' shall have the same meaning as set forth in Code
Section 13-10-90.
(6) 'Public employer' shall have the same meaning as set forth in Code Section 13-10-90.
(b) Each agency, sheriff's office, law enforcement agency, or political subdivision subject
to any of the requirements provided in Code Sections 13-10-91, 35-1-17, 36-60-6,
36-80-23, 42-1-11.4, 42-1-11.5, 42-4-14, 42-4-16, and 50-36-1 shall submit an annual
immigration compliance report to the department by December 31 that includes the
information required under subsection (d) of this Code section for the annual reporting
period. If an agency or political subdivision is exempt from any, but not all, of the
provisions of subsection (d) of this Code section, it shall still be required to submit the
annual report but shall indicate in the report which requirements from which it is exempt.
(c) The department shall create an immigration compliance reporting system and shall
provide technical support for the submission of such reports. The department shall further
provide annual notification of such reports with submission instructions to all agencies and
political subdivisions subject to such requirements. The department shall be authorized to
implement policy as is needed to carry out the requirements of this subsection.
(d) The immigration compliance report provided for in subsection (b) of this Code section
shall contain the following:
(1) The agency or political subdivision's federal work authorization program verification
user number and date of authorization;
(2) The legal name, address, and federal work authorization program user number of
every contractor that has entered into a contract for the physical performance of services
with a public employer as required under Code Section 13-10-91 during the annual
reporting period;
(3) The date of the contract for the physical performance of services between the
contractor and public employer as required under Code Section 13-10-91;
(4) A listing of each license or certificate issued by a county or municipal corporation
to private employers that are required to utilize the federal work authorization program
under the provisions of Code Section 36-60-6 during the annual reporting period,
including the name of the person and business issued a license and his or her federally
assigned employment eligibility verification system user number as provided in the
private employer affidavit submitted at the time of application;
(5)(A) A listing of each public benefit administered by the agency or political
subdivision and a listing of each public benefit for which SAVE program authorization
for verification has not been received.
(B) As used in this paragraph, the terms 'public benefit' and 'SAVE program' shall have
the same meanings as set forth in Code Section 50-36-1; and
(6) The agency or political subdivision's certificate of compliance with Code
Section 36-80-23; and
(7)(6) Where applicable, the agency, sheriff's office, law enforcement agency, or political
subdivision's certificate of compliance with Code Sections Section 35-1-17, 42-1-11.4,
42-1-11.5, 42-4-14, and 42-4-16.
(e) The department shall annually conduct random reviews of no less than 5 percent of the
immigration compliance reports submitted pursuant to this Code section and shall make the
determination of compliance pursuant to this Code section. In the event that the
immigration compliance report submitted by an agency or political subdivision is found to
be deficient by the department, so long as a new immigration compliance report is
submitted with the prior deficiencies corrected and fully complies with this Code section,
such agency or political subdivision shall be deemed to have satisfied the requirements of
this Code section.
(f) Any action taken by an agency or a political subdivision for the purpose of complying
with the requirements of this Code section shall not subject such agency or political
subdivision to any civil liability arising from such action."
PART III
SECTION 3-1.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would repeal the state's laws requiring local police to check immigration status, cooperate with federal immigration detainers, and report on immigrant inmates, replacing them with a new system for certifying immigrant crime victims seeking U and T visas.
### Plain-language summary
Georgia currently has several laws that direct police and sheriffs to check a suspect's immigration status, honor federal immigration detainer requests, ban 'sanctuary' policies by local governments, and publish reports on foreign-born inmates, with penalties for local officials who do not comply. This bill would repeal nearly all of those requirements.
In their place, the bill creates a new system requiring state and local law enforcement agencies to designate certifying officials who process requests from crime victims for immigration certification forms (used to apply for federal U and T visas, which protect victims of serious crimes and human trafficking). It sets strict deadlines for completing these forms, protects victims' immigration status from disclosure, grants immunity to officials acting in good faith, and lets the Attorney General investigate noncompliance. It also removes immigration status verification duties from jail booking procedures, repeals related misdemeanor penalties, and updates several other Code sections (in Titles 17, 36, 42, 45, and 50) to match these changes.
### What it does
- Repeals O.C.G.A. § 35-1-17, which required local police to cooperate with federal immigration enforcement and authorized arrests based on immigration status alone.
- Creates a new certification process requiring law enforcement agencies to designate officials who complete federal visa certification forms for crime victims within set deadlines (as fast as 5 business days in urgent cases).
- Repeals the state ban on local 'sanctuary' policies (O.C.G.A. § 36-80-23) and removes penalties for local officials who limit cooperation with federal immigration authorities.
- Removes the requirement that police verify a suspect's immigration status during criminal investigations and citations (O.C.G.A. §§ 17-4-23, 17-5-100).
- Eliminates jail and prison reporting requirements on foreign-born inmates and compliance with federal immigration detainer notices (O.C.G.A. §§ 42-1-11.4, 42-1-11.5, 42-4-16).
- Gives the Attorney General authority to investigate agencies for failing to follow the new victim certification law and to seek court enforcement.
### Who it affects
State and local law enforcement agencies, sheriffs, jailers, and prosecutors; crime victims seeking U or T visas and their attorneys or advocates; county governments previously subject to funding penalties; and the Attorney General's office, which gains new investigative duties.
### Why it matters
Local police and jails would no longer be required to check immigration status or hold people for federal immigration authorities, and local governments could no longer be penalized for limiting such cooperation. Immigrant crime victims would gain a defined, faster path to obtain paperwork needed for federal visa applications.
### Key provisions
- Section 1-1 repeals and replaces O.C.G.A. § 35-1-17, eliminating the 'cooperation with federal authorities' mandate and creating the victim certification system with 90 business day general deadlines and 21 or 5 business day expedited deadlines.
- Section 1-1 grants certifying agencies and officials immunity from civil or criminal liability for good-faith actions, except willful or wanton misconduct.
- Section 1-1 requires certifying agencies to file annual reports to the Attorney General on certification requests, without personal identifying information.
- Section 2-2 repeals O.C.G.A. § 17-5-100, ending the requirement that police verify a suspect's immigration status when investigating a crime.
- Section 2-3 repeals O.C.G.A. § 36-80-23, removing the ban on local 'sanctuary' policies and the misdemeanor penalties for violating it.
- Sections 2-4 through 2-7 repeal reporting requirements on foreign-born inmates and compliance with immigration detainer notices in county jails and state prisons.
- Section 2-8 revises the Attorney General's authority under O.C.G.A. § 45-15-10 to remove prosecution duties tied to the repealed sanctuary and detainer laws, keeping investigative authority over the new certification law.
- Section 2-9 updates the annual immigration compliance reporting law (O.C.G.A. § 50-36-4) to remove references to the repealed Code sections.
## Status
- Status: Introduced (2026-01-27)
- Last action: House Second Readers (2026-01-29)
- Sponsors: Marvin Lim, Ruwa Romman, Gabriel Sanchez, David Wilkerson, Karen Lupton, Tanya Miller
- Official page: https://www.legis.ga.gov/legislation/72390
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1053.md?full=1