SB 391: Offenses Involving Illegal Aliens; immigration enforcement in certain locations absent a judicial warrant; prohibit

Georgia law currently does not set specific location-based limits on immigration enforcement activity by government employees. This bill would add a new section to the state's criminal code dealing with offenses involving illegal aliens (O.C.G.A. Title 16, Chapter 11, Article 5). The new section says that no federal, state, or local government employee, including law enforcement officers, may conduct immigration enforcement activities or act with the intent to help immigration enforcement at certain sensitive locations unless they have a judicial warrant. The protected locations are school grounds, college campuses, public places of worship, hospitals, public libraries, and family violence shelters. The bill repeals any conflicting laws but does not state a separate effective date, so it would take effect under Georgia's standard rules once signed.

• Adds a new Georgia code section (O.C.G.A. § 16-11-204) restricting immigration enforcement at specific locations without a judicial warrant.
• Applies the restriction to federal, state, and local government employees, explicitly including law enforcement officers.
• Covers actions taken directly for immigration enforcement as well as actions intended to assist immigration enforcement.
• Lists the protected locations as school grounds, college campuses, public places of worship, hospitals, public libraries, and family violence shelters.
• Repeals any existing Georgia laws that conflict with this new rule.

Federal, state, and local government employees who might conduct or assist immigration enforcement, including police officers, as well as people present at schools, colleges, houses of worship, hospitals, libraries, and family violence shelters who would be shielded from warrantless enforcement actions at those sites.

If enacted, immigration enforcement actions at these specific sites would require a judicial warrant, meaning government employees could not act there based on other kinds of orders or requests alone. This could affect how and where enforcement occurs and how people who visit these locations experience day-to-day interactions with government employees.

• Section 1 creates new Code section 16-11-204, prohibiting immigration enforcement activity without a judicial warrant at listed locations.
• The prohibition applies broadly to 'federal, state, or local government employee,' not just law enforcement, and covers acts done 'with the intent to assist' enforcement.
• The protected locations are specifically named: school grounds, college campuses, public places of worship, hospitals, public libraries, and family violence shelters.
• Section 2 repeals all state laws and parts of laws that conflict with this Act.

1. 2026-01-14Senate Read and Referred (Senate)
2. 2026-01-13Senate Hopper (Senate)

• Nabilah Islam Parkes (D, SD-007)Primary sponsor
• Harold Jones (D, SD-022)
• Randal Mangham (D, SD-055)
• RaShaun Kemp (D, SD-038)
• Kim Jackson (D, SD-041)
• Tonya Anderson (D, SD-043)
• Nikki Merritt (D, SD-009)
• Derek Mallow (D, SD-002)

• immigration enforcement
• judicial warrants
• schools
• hospitals
• places of worship