Georgia CommonsHB1509: HB1509 Local government; zoning procedures; operation of immigration detention centers; require special use permits
Last action March 9, 2026 · House Second Readers
A Georgia House bill would require any local government with a zoning ordinance to make immigration detention centers get a special use permit before they can open or expand on land within its borders.
In plain language
Currently, local governments in Georgia set their own zoning rules for what kinds of facilities can operate where, and immigration detention centers are not singled out for special treatment. This bill would change that by adding a new section to Georgia's zoning law (O.C.G.A. Chapter 66 of Title 36). Any city or county that has adopted a zoning ordinance would be barred from allowing an immigration detention center to open, expand, or receive transferred land for that purpose unless the local government first issues a special use permit, a type of approval given only if certain conditions are met. The bill defines key terms like detainee, immigration detention center, and permit. It also covers land transfers to the federal government meant for running a detention center. The law would take effect July 1, 2026, and apply to zoning decisions made on or after that date.
What the bill does
- Adds a new Code section to Georgia's zoning law requiring special use permits before an immigration detention center can be built or operated in any locality with a zoning ordinance.
- Extends the permit requirement to cases where local land is transferred to the federal government specifically for operating a detention center.
- Defines 'detainee' as a noncitizen held pending immigration proceedings or removal under federal immigration authority.
- Defines 'immigration detention center' broadly to include private facilities under federal contract, not just government-run ones.
- Sets the law to take effect July 1, 2026, applying only to zoning decisions made on or after that date.
Who it affects
The bill affects Georgia cities and counties with zoning ordinances, private companies that operate or seek to build immigration detention facilities, federal agencies like the Department of Homeland Security and Immigration and Customs Enforcement, and local property owners considering land transfers for detention center use.
Why it matters
If enacted, companies or government entities wanting to open or expand an immigration detention facility in Georgia would face an added local approval step they might not currently need, giving local governments more say over whether and how such facilities are sited in their communities.
Key provisions
- Section 1 adds new Code section 36-66-8, defining 'detainee,' 'immigration detention center,' 'permit,' and 'special use' for purposes of this law.
- Section 1(b) bars local governments from adopting or enforcing zoning rules that skip the special use permit requirement for detention center operation, development, or related land transfers.
- Section 2 sets the effective date as July 1, 2026, applying to zoning decisions made on or after that date.
- Section 3 repeals any existing state laws that conflict with this Act.
From the bill
“'Immigration detention center' means any facility located in this state that holds18 detainees, including private facilities contracted by the federal government to hold such19 detainees.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- El-Mahdi Holly (D, HD-116)
- Gabriel Sanchez (D, HD-042)
- Mary Ann Santos (D, HD-117)
- Bryce Berry (D, HD-056)
Topics
- immigration detention centers
- local zoning rules
- land use permits
- county and city government