---
title: O.C.G.A. § 42-1-11.5. Compliance with immigration detainer notices.
collection: code
id: 42-1-11.5
cite_as: O.C.G.A. § 42-1-11.5 (2025)
canonical_url: https://georgiacommons.org/code/42-1-11.5
md_url: https://georgiacommons.org/code/42-1-11.5.md
text_url: https://georgiacommons.org/code/42-1-11.5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t41-42-(v29a)-pdf.pdf?sfvrsn=686641d_0#page=11
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PENAL INSTITUTIONS / GENERAL PROVISIONS / INMATE POLICIES
---

# O.C.G.A. § 42-1-11.5. Compliance with immigration detainer notices.

(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.

## History

Code 1981, § 42-1-11.5, enacted by Ga. L. 2024, p. 491, § 8/HB 1105, effective May 1, 2024.

## Editor's Notes

Ga. L. 2024, p. 491, § 1/HB 1105, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Criminal Alien Track and Report Act of 2024.’”

## Law Reviews

For article on the 2024 enactment of this Code section, see 41 Ga. St. U.L. Rev. 71 (2024).

## Effective Date

This Code section became effective May 1, 2024.