SB391: SB391 Offenses Involving Illegal Aliens; immigration enforcement in certain locations absent a judicial warrant; prohibit

Georgia law currently does not specifically restrict where immigration enforcement activity can happen. This bill would add a new section to the state's criminal code addressing offenses involving illegal aliens, creating a carve-out for certain sensitive locations. Under the bill, no federal, state, or local government employee, including law enforcement officers, could conduct immigration enforcement activities or take actions intended to assist immigration enforcement without a judicial warrant if the activity occurs at school grounds, college campuses, public places of worship, hospitals, public libraries, or family violence shelters. The bill applies regardless of any other law that might otherwise allow such enforcement. It also repeals any existing laws that conflict with this new rule. The bill does not specify a separate effective date beyond the standard process for bills signed into law.

• Creates a new Georgia Code section (O.C.G.A. § 16-11-204) restricting immigration enforcement at specific protected locations without a judicial warrant.
• Applies the restriction to federal, state, and local government employees, explicitly including law enforcement officers.
• Covers enforcement actions taken directly or actions meant to assist immigration enforcement, not just direct arrests.
• Names six specific location types covered: school grounds, college campuses, places of worship, hospitals, public libraries, and family violence shelters.
• Repeals any existing Georgia laws that conflict with this new restriction.

Federal, state, and local government employees, including police and other law enforcement officers who might otherwise conduct immigration enforcement, as well as people present at schools, colleges, churches, hospitals, libraries, and family violence shelters, including immigrants and staff at those sites.

If enacted, immigration enforcement actions at these listed locations would require a judicial warrant, meaning officers could not act there based on administrative warrants or discretion alone, which could change how and where enforcement occurs in Georgia's schools, hospitals, churches, and shelters.

• Section 1 adds new Code section 16-11-204 to Article 5 of Chapter 11 of Title 16, which covers offenses involving illegal aliens.
• The new section states the prohibition applies 'notwithstanding any other provision of law to the contrary,' overriding conflicting statutes.
• The prohibition covers both direct immigration enforcement activities and actions taken with intent to assist such enforcement.
• Section 2 repeals all laws and parts of laws that conflict with the new provision.

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
• school safety
• places of worship
• hospitals
• law enforcement policy