25 LC 49 2106
Senate Bill 21
By: Senators Tillery of the 19th, Brass of the 6th, Walker III of the 20th, Harbin of the 16th,
Burns of the 23rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to
1
general provisions applicable to counties, municipal corporations, and other governmental2
entities, so as to waive sovereign and governmental immunities for local governments and3
their officials and employees for a violation of the prohibition on immigration sanctuary4
policies; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia5
Annotated, relating to general provisions regarding jails, so as to require sheriffs, jailers, and6
deputies to honor immigration detainer requests issued by the Department of Homeland7
Security; to provide a definition; to provide for related matters; to repeal conflicting laws;8
and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general12
provisions applicable to counties, municipal corporations, and other governmental entities,13
is amended by adding a new subsection to Code Section 36-80-23, relating to prohibition on14
immigration sanctuary policies by local governmental entities, and certification of15
compliance, to read as follows:16
S. B. 21
- 1 - 25 LC 49 2106
"(f) In the event that a local governing body acts in violation of this Code section, the17
sovereign immunity of such local governing body and the governmental immunity of all18
local officials and employees of such local governing body is waived in all matters arising19
from or resulting in the violation of this Code section."20
SECTION 2.21
Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to22
general provisions regarding jails, is amended by adding a new Code section to read as23
follows:24
"42-4-17.25
(a) As used in this Code section, the term 'immigration detainer request' means a federal26
government request to a local entity to maintain temporary custody of an alien, including27
a United States Department of Homeland Security Form I-247 document or a similar28
successor form.29
(b) All sheriffs, jailers, and deputies who have custody of a person who is subject to an30
immigration detainer request issued by the United States Immigration and Customs31
Enforcement shall:32
(1) Comply with, honor, and fulfill any request made in the immigration detainer request33
provided by the United States Immigration and Customs Enforcement; and34
(2) Inform the person identified in the immigration detainer request that the person is35
being held pursuant to an immigration detainer request issued by the United States36
Immigration and Customs Enforcement.37
(c) A sheriff, jailer, or deputy shall not be required to perform a duty imposed by38
subsection (b) of this Code section with respect to a person who has provided proof that he39
or she is a citizen of the United States. Such proof may include:40
(1) A driver's license or identification card issued pursuant to Chapter 5 of Title 40; or41
(2) Government issued identification issued by the federal government or another state.42
S. B. 21
- 2 - 25 LC 49 2106
(d) In the event that a sheriff, jailer, or deputy acts in violation of this Code section, the43
sovereign and other governmental immunities of such sheriff, jailer, or deputy is waived44
in all matters arising from or resulting in the violation of this Code section."45
SECTION 3.46
All laws and parts of laws in conflict with this Act are repealed.47
S. B. 21
- 3 -