---
title: SB 21. Local Governments; violation of the prohibition on immigration sanctuary policies; waive sovereign and governmental immunities
collection: bills
id: 2025-2026/sb21
cite_as: SB 21, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb21
md_url: https://georgiacommons.org/bills/2025-2026/sb21.md
text_url: https://georgiacommons.org/bills/2025-2026/sb21/text
source_url: https://www.legis.ga.gov/legislation/69478
date: 2026-03-19
status: engrossed
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.
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omitted: votes and history
omitted_chars: 1192
omitted_url: https://georgiacommons.org/bills/2025-2026/sb21.md?full=1
bill_number: SB 21
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-13
last_action: House Withdrawn, Recommitted
sponsors:
- Blake Tillery
- Matt Brass
- Larry Walker
- Marty Harbin
- Max Burns
- Shawn Still
- Jason Anavitarte
- Bo Hatchett
- Brandon Beach
- Chuck Hufstetler
- Randy Robertson
- Ed Setzler
- Greg Dolezal
- Brian Strickland
- Drew Echols
- Colton Moore
- Clint Dixon
- Carden Summers
- Steve Gooch
- John Kennedy
- Jesse Petrea
text_version: Engrossed
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB21/2025
upstream_id: 1929503
summaries_model: claude-sonnet-5
topic_tags:
- immigration enforcement
- sanctuary policies
- sovereign immunity
- local government liability
- immigration detainers
---
# SB 21. Local Governments; violation of the prohibition on immigration sanctuary policies; waive sovereign and governmental immunities
## Text
Senate Bill 21
By: Senators Tillery of the 19th, Brass of the 6th, Walker III of the 20th, Harbin of the 16th,
Burns of the 23rd and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to
general provisions applicable to counties, municipal corporations, and other governmental
entities, so as to waive sovereign and governmental immunities for local governments and
their officials and employees for a violation of the prohibition on immigration sanctuary
policies; to amend Code Section 42-1-11.5 of the Official Code of Georgia Annotated,
relating to compliance with immigration detainer notices, so as to provide for immunity
waivers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties, municipal corporations, and other governmental entities,
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on
immigration sanctuary policies by local governmental entities, and certification of
compliance, to read as follows:
"(f) In the event that a local governing body acts in violation of this Code section, 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."
SECTION 2.
Code Section 42-1-11.5 of the Official Code of Georgia Annotated, relating to compliance
with immigration detainer notices, is amended by revising said Code section 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.
(c) In the event that a custodial authority acts in 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."
SECTION 3.
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.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Engrossed (2025-02-13)
- Last action: House Withdrawn, Recommitted (2026-03-19)
- Sponsors: Blake Tillery, Matt Brass, Larry Walker, Marty Harbin, Max Burns, Shawn Still, Jason Anavitarte, Bo Hatchett, Brandon Beach, Chuck Hufstetler, Randy Robertson, Ed Setzler, Greg Dolezal, Brian Strickland, Drew Echols, Colton Moore, Clint Dixon, Carden Summers, Steve Gooch, John Kennedy, Jesse Petrea
- Official page: https://www.legis.ga.gov/legislation/69478
> The history, votes, and amendments (1,192 characters) are at https://georgiacommons.org/bills/2025-2026/sb21.md?full=1