Local Law Enforcement's Role in the Georgia Security and Immigration Compliance Act Effective July 1, 2007
We have received several inquiries regarding new immigration-related laws that become effective on July 1, 2007. Georgia Senate Bill 529 was signed by the governor in April, and parts of it become effective July 1.
We feel it is important to emphasize that this law does not yet apply directly to local police departments. The information below provides some explanation.
State Law
Under the law (35-2-24) the Georgia Commissioner of Public safety is the only law enforcement Representative authorized to enter into a MOU with ICE. It is our understanding that this is in process and all questions concerning the status of this should be directed to the Georgia Department of Public Safety (DPS). It is not clear if the funding has been allocated yet for this section of the law. If the Dalton Police Department is asked by DPS to assist, we will.
In another section of the law, GA code 42-4-14 requires the "keeper of the jail" to "determine the nationality of a person charged with a felony and/or driving under the influence". The Dalton Police Department has never operated a jail, and arrestees are turned over to the county jail.
The other parts of SB529 will involve local law enforcement only if they are asked by the state agency affected.
A PDF version of the full Georgia Law can be found at:
Federal Law
The information below, from the ICE homepage, outlines the purpose of the federal law including 287(g) :
- necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and
- increased resources and support in more remote geographical locations.
Because the Dalton Police Department has a relationship with ICE and our history of the Joint Immigration Task Force and the training we received last year we believe we have more than ample training concerning immigration issues. In fact we more than likely have more training than any other law enforcement agency in the state of Georgia.
Articles Published about Dalton Police and Immigration Issues:
Readers may want to check this out --James D. Chadwick and Bart G. Szafnicki, “The Power of Partnership; INS and Local Law Enforcement Join Forces to Stop Criminal Illegal Aliens,” Police Chief, Aug. 1999, pp. 46-51; James D. Chadwick, Bart G. Szafnicki, and William F. Riley, “Partnership Between INS and Local Law Enforcement,” Eighteen Eleven, Sept. 1999, Vol. 121, No. 5, pp. 1, 25.
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