Georgia Governor Brian Kemp signed two bills into law, one requiring jailers to check the immigration status of inmates and work with federal immigration officials, and another requiring cash bail for an additional 30 crimes. The immigration bill was a top priority for Kemp following the death of Laken Riley at the hands of someone in the U.S. illegally. The suspect, Jose Ibarra, had crossed into the U.S. unlawfully in 2022 and was arrested on murder and assault charges. The bill aims to ensure that crimes committed by those in the country illegally do not go unanswered.
Democrats expressed concerns that the immigration bill would turn law enforcement officials into immigration police, potentially discouraging communities from working with law enforcement and reporting crime. Opponents pointed to studies indicating that immigrants are less likely to commit crimes compared to native-born Americans. The new law also requires local governments to cooperate with federal officials on immigration enforcement or risk losing state funding. Jails are also mandated to apply for agreements with ICE to allow local jailers to assist in enforcing immigration law.
Under the changes to cash bail, criminals will be required to be held on bail to keep them locked up. This legislation overturns previous reforms that had allowed judges to release most people accused of misdemeanors without bail. Supporters of the bill argue that judges will still have the discretion to set exceptionally low bails, and a provision from the 2018 reform requiring judges to consider a person’s ability to pay will remain in place. The bill also restricts individuals and charitable bail funds from posting cash bonds for more than three people a year unless they meet requirements to become a bail company.
The immigration bill signed by Governor Kemp requires local jailers to apply for agreements with ICE to assist in enforcing immigration laws, though they are not authorized to make immigration-specific arrests outside of jails. The legislation aims to increase cooperation between state and federal officials in dealing with individuals in the country illegally who have been arrested for further crimes. Kemp emphasized that those who enter the country illegally and commit crimes in Georgia will not go unpunished, in response to the death of Laken Riley at the hands of an individual who had crossed the border unlawfully.
The bill signing ceremony took place at the Georgia Public Safety Training Center in Forsyth, with most provisions of the legislation going into effect immediately. The separate cash bail law will go into effect on July 1, 2022. Governor Kemp stated that the immigration bill had become a top priority for him in light of recent events, including the death of Laken Riley. The legislation reflects efforts to hold accountable those who enter the country illegally and commit crimes in Georgia, while also addressing concerns about public safety and potential threats posed by individuals in the U.S. illegally.
