35-1-17. State and local law enforcement actions relating to immigration laws; authority; immunity; penalty.

Legislative intent. It is the intent of the General Assembly to promote compliance with state law related to deterring the presence of criminal illegal aliens and require Georgia law enforcement officials to work in conjunction with federal immigration authorities and to utilize all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the laws of this state and of the United States.#

Cooperation with federal authorities.#

1. (1)

   To the extent authorized by federal law, state and local government employees, including law enforcement officers and prosecuting attorneys, shall send, receive, and maintain information relating to the immigration status of any individual as reasonably needed for public safety purposes. Except as provided by federal law, such employees shall not be prohibited from receiving or maintaining information relating to the immigration status of any individual or sending or exchanging such information with other federal, state, or local governmental entities or employees for official public safety purposes;#

2. (2)

   State and local agencies shall promote compliance with state law related to deterring the presence of criminal illegal aliens and shall be authorized to enter into memorandums of understanding and memorandums of agreement with the United States Department of Justice, the Department of Homeland Security, or any other federal agency for the purpose of enforcing federal immigration laws, including 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 or a similar federal program. A local agency shall seek such memorandums of understanding annually when no current memorandum of agreement is in effect;#

3. (3)

   Except as provided by federal law, no state or local agency or department shall be prohibited from utilizing available federal resources, including data bases, equipment, grant funds, training, or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws; and#

4. (4)

   When reasonably possible, applicable state agencies shall consider incentive programs and grant funding for the purpose of assisting and encouraging state and local agencies and departments to enter into agreements with federal entities and to utilize federal resources consistent with the provisions of this Code section.#

Authority to transport illegal aliens. If a state or local law enforcement officer has verification that a person is an illegal alien, then such officer shall be authorized to securely transport such illegal alien to a federal facility in this state or to any other temporary point of detention and to reasonably detain such illegal alien when authorized by a federal immigration detainer or federal arrest warrant. Nothing in this Code section shall be construed to hinder or prevent a peace officer or law enforcement agency from arresting or detaining any criminal suspect on other criminal charges.#

Authority to arrest illegal aliens. When authorized by federal law, a state or local law enforcement officer shall be authorized to arrest any person based on such person’s status as an illegal alien or for a violation of any federal immigration law.#

Immunity. A law enforcement officer or government official or employee, acting in good faith to enforce immigration laws pursuant to a memorandum or an agreement with federal authorities to collect or share immigration status information, or to carry out any provision of this Code section, shall have immunity from damages or liability from such actions.#

Penalty. A local governing body of a law enforcement agency that violates this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds for the purposes of providing those services specified in subsection (d) of Code Section 50-36-1. As a condition of funding to a local governing body, the Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies shall require certification pursuant to Code Section 50-36-4 as proof of compliance with this Code section. No county commission shall be subject to the withholding of state or federal funding pursuant to this subsection when a sheriff or his or her employee violates this Code section.#