Georgia CommonsSenate · Engrossed · 2025-2026 Regular Session
SB 21: Local Governments; violation of the prohibition on immigration sanctuary policies; waive sovereign and governmental immunities
Last action March 19, 2026 · House Withdrawn, Recommitted
Senate Bill 21 would strip Georgia local governments and certain law enforcement officials of legal immunity if they violate the state's ban on immigration sanctuary policies or fail to comply with federal immigration detainer requests.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Engrossed version, the latest the General Assembly's website lists.
In plain language
Georgia law already bars local governments from adopting 'sanctuary' policies that limit cooperation with federal immigration enforcement, and separately requires jailers, sheriffs, and police chiefs to honor federal immigration detainer requests to hold people believed to be in the country illegally. Currently, local governments and officials generally have sovereign or governmental immunity, which shields them from being sued. This bill removes that legal shield in two specific situations. First, it adds language to O.C.G.A. § 36-80-23 saying that if a local governing body violates the sanctuary policy ban, the local government's sovereign immunity and its officials' and employees' governmental immunity are waived for any resulting legal claims. Second, it amends O.C.G.A. § 42-1-11.5 so that if a custodial authority, meaning a sheriff, jail commissioner, warden, or police chief, fails to comply with an immigration detainer notice, their sovereign and governmental immunities are similarly waived. The bill repeals conflicting laws and does not state a delayed effective date.
What the bill does
- Adds a new subsection to O.C.G.A. § 36-80-23 waiving sovereign immunity for local governing bodies that violate the state's sanctuary policy prohibition.
- Waives governmental immunity for individual local officials and employees connected to a sanctuary policy violation.
- Amends O.C.G.A. § 42-1-11.5 to waive sovereign and governmental immunity for custodial authorities (sheriffs, jail commissioners, wardens, police chiefs) who fail to comply with federal immigration detainer notices.
- Keeps in place the existing requirement that custodial authorities honor immigration detainer notices and notify the detained person of the reason for the hold.
- Repeals any existing state laws that conflict with these immunity waivers.
Who it affects
County and municipal governments, local elected officials and employees, sheriffs, jail commissioners, wardens, and municipal police chiefs who manage detained individuals, and people held in local jails or detention facilities who are subject to federal immigration detainer notices.
Why it matters
By removing immunity protections, this bill would allow lawsuits against local governments and officials who adopt sanctuary-style policies or refuse to honor immigration detainer requests. That could expose Georgia counties, cities, and individual officials to legal liability they currently do not face for these specific actions.
Key provisions
- Section 1 adds subsection (f) to O.C.G.A. § 36-80-23, waiving sovereign immunity for a local governing body and governmental immunity for its officials and employees if the body violates the sanctuary policy ban.
- Section 2 rewrites O.C.G.A. § 42-1-11.5, keeping the existing duty for custodial authorities to comply with immigration detainer notices and inform detainees, while adding subsection (c) waiving sovereign and governmental immunity for violations.
- Section 2 also retains the definitions of 'custodial authority' (commissioner, sheriff, warden, or police chief depending on facility) and 'immigration detainer notice' (a federal request such as DHS Form I-247).
- Section 3 repeals any conflicting state laws but does not specify a distinct effective date beyond standard enactment upon the Governor's signature.
From the bill
“the sovereign immunity of such local governing body and the governmental immunity of all local officials and employees of such local governing body is waived in all matters arising from or resulting in the violation of this Code section.”
“the sovereign and other governmental immunities of such custodial authority are waived in all matters arising from or resulting in the violation of this Code section.”
Discussed in meetings (2)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House floor session, March 19, 2026 (legislative day 34)
From 2:30:13 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Withdrawn, Recommitted)
Summary by Georgia Commons: A member moved to transfer SB 21 from the Public Safety and Homeland Security Committee to the Governmental Affairs Committee, saying both chairs agreed. The House approved the transfer without objection. There was no discussion of the bill's substance.
House Governmental Affairs Committee, March 26, 2026
From 0:25:47 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The original sponsor said SB 21 would allow Georgians harmed by a city or county's failure to follow Georgia immigration law to sue that government for financial damages. The sponsor asked members to restore that language, which the committee substitute had removed. The chair said the substitute involved other local-government provisions; electrical power, annexation and airport property were mentioned but not explained. One member questioned how a local government would be responsible for a death. The sponsor said a court case would determine responsibility and cited failure to participate in the 287(g) immigration program as an example. A second member objected to considering language not provided to members, questioned which cities had declared sanctuary policies, and opposed additional lawsuit exposure and costs for local governments. The sponsor did not identify specific cities and described the proposal as accountability for following state law. Another member requested an explanation of the substitute's airport-property section. The committee tabled the bill by voice vote to allow time to obtain language, and the chair said copies of the original provisions were coming.
Status timeline
- House Withdrawn, Recommitted (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
Show full history (11 actions)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Blake Tillery (R, SD-19)
- Matt Brass (R, SD-6)
- Larry Walker, III (R, SD-20)
- Marty Harbin (R, SD-16)
- Max Burns (R, SD-23)
- Shawn Still (R, SD-48)
- Jason Anavitarte (R, SD-31)
- Bo Hatchett (R, SD-50)
- Brandon Beach (R, SD-21)
- Chuck Hufstetler (R, SD-52)
- Randy Robertson (R, SD-29)
- Ed Setzler (R, SD-37)
- Greg Dolezal (R, SD-27)
- Brian Strickland (R, SD-42)
- Drew Echols (R, SD-49)
- Colton Moore (R, SD-53)
- Clint Dixon (R, SD-45)
- Carden Summers (R, SD-13)
- Steve Gooch (R, SD-51)
- John F. Kennedy (R, SD-18)
- Jesse Petrea (R, HD-166)
Votes
- Senate voteFebruary 13, 2025
20 yea, 31 nay (0 not voting, 5 excused)
- Senate voteFebruary 13, 2025
33 yea, 18 nay (0 not voting, 5 excused)
Topics
- immigration enforcement
- sanctuary policies
- sovereign immunity
- local government liability
- immigration detainers