42-4-14. Identity verification of persons confined in a jail or detention facility.

As used in this Code section, the term “illegal alien” means a person who is verified by the federal government to be present in the United States in violation of the federal Immigration and Nationality Act.#

When any person is confined, for any period, in the jail of a county or a detention facility of a municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made within 48 hours of such person’s arrival at the jail or detention facility and pursuant to subsection (c) or (d) of this Code section to determine:#

1. (1)

   The nationality of the person so confined; and#

2. (2)

   That the person so confined is not an illegal alien.#

If a person to be admitted to a county jail or municipal detention facility claims to be a consular officer or diplomat, the jailer shall attempt to obtain such person’s identification and, upon verification of such person’s status as a consular officer or diplomat, provide for his or her immediate release. If a person who claims to be a consular officer or diplomat is unable to produce credentials which provide for verification of diplomatic status, a person in a supervisory role at such jail or detention facility shall contact the United States Department of State during normal business hours or the Command Center of the Office of Security of the United States Department of State outside of normal business hours to request verification of such person’s status as a consular officer or of other diplomatic status.#

1. (1)

   Unless a person admitted to a county jail or municipal detention facility has been positively identified as a consular officer or diplomat, the county jail or municipal detention facility receiving the person for confinement shall attempt to verify lawful presence through presentation of a driver’s license or identification card issued by this state or any state from the list compiled by the State Law Department pursuant to paragraph (5) of subsection (b) of Code Section 13-10-91 or one of the following:#

   1. (A)

      A Form I-94 Arrival/Departure Record issued by the United States Department of Homeland Security;#

   2. (B)

      A permanent resident alien card Form 551;#

   3. (C)

      A valid Nexus card;#

   4. (D)

      A valid global entry identification card issued by the United States Department of Homeland Security; or#

   5. (E)

      A valid passport indicating the person is a United States citizen, has been issued a visa, or is a citizen of a country participating in a visa waiver program administered by the United States Department of State.#

2. (2)

   If a person fails to produce a document required by this subsection, or verification of the authenticity of any such document is necessary, a person in a supervisory role at the county jail or municipal detention facility shall contact the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or the Atlanta office of the United States Immigration and Customs Enforcement Division of the Department of Homeland Security for a determination of the person’s lawful presence. If the LESC of the United States Department of Homeland Security responds to contact pursuant to this paragraph with a request to detain an illegal alien, he or she shall not be released within 48 hours of receipt of such request; provided, however, that if such person was released prior to such request to detain, such fact shall be communicated to the LESC of the United States Department of Homeland Security. Any response received pursuant to this paragraph which indicates an illegal alien is confined in a county jail or municipal detention facility shall be forwarded to the local United States Immigration and Customs Enforcement Division of the Department of Homeland Security.#

3. (3)

   No person shall be detained solely due to the inability to contact the LESC of the United States Department of Homeland Security pursuant to the provisions of this subsection.#

4. (4)

   No person identified as an illegal alien by the LESC of the United States Department of Homeland Security pursuant to this subsection shall be detained unless a request to detain has been received pursuant to paragraph (2) of this subsection.#

A county jail or municipal detention facility shall provide an interpreter for any person to be confined who is unable to effectively communicate or understand the requirements of this Code section.#

Each county jail or municipal detention facility shall maintain a record of all communications made pursuant to this Code section for any person taken into custody of such jail or detention facility.#

Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that, upon verification that any person confined in a county jail or municipal detention facility is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law.#

1. (1)

   It shall be unlawful for any jailer to knowingly and willfully violate any provision of this Code section.#

2. (2)

   A person convicted of a violation of this Code section shall be punished as for a misdemeanor. A person convicted of a second or subsequent violation of this Code section shall be punished as for a misdemeanor of a high and aggravated nature.#