Immigration Enforcement Mandate, HB 1083

Introduction

We strongly oppose HB 1083, which prevents local law enforcement and local municipalities from implementing policies that fit their community’s needs. This bill represents a sweeping anti-sanctuary movement across the United States pushed by numerous anti-immigrant hate groups. It is an unconstitutional piece of legislation that puts immigrant lives at risk, and augments discrimination in our communities. HB 1083 is an attack on immigrant rights, and immigrant communities across Georgia.

Expanding the definition of “sanctuary policies”

HB 1083 expands the scope of “sanctuary policy”, and defines it as a law, policy, practice, procedure, or custom, formal or informal, written or unwritten, adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement, agency from complying with 8 U.S.C. Section 1373 or which prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency . The Southern Poverty Law Center (SPLC) states that from a federal law standpoint there, is no definition of “sanctuary city''. While a variety of policies fall under the broad umbrella of what people call “sanctuary cities,” it is important to note that sanctuary cities are NOT violating federal law. Georgia currently has zero sanctuary cities 2 

Makes communities less safe

By allowing all local law enforcement agencies to act as immigration enforcement, the state of Georgia will be enabling discriminatory practices towards immigrant communities. This will put a strain on the relationship between local law enforcement authorities and immigrant communities, and jeopardize these communities' sense of safety and security. These practices are not needed and do not improve safety. In fact, they seek to maximize deportations and arrests of unauthorized immigrants in the name of public safety.

Compliance with ICE detainers

Under section 287(g) of the Immigration and Nationality Act (INA), an immigrant detainer is used by the U.S. Immigration and Customs Enforcement (ICE) and other Department of Homeland Security (DHS) officials when the agency identifies "potentially deportable individuals who are held in jails or prisons nationwide".

What will this cost Georgia communities?

In addition to the social factors of voluntary immigration enforcement, there are economic ramifications as well. According to the Georgia Budget and Policy Institute, local Georgia governments spent an estimated cost of $83 million over the past 10 years; communities which operate 287(g) programs (i.e Gwinnett County) have to contribute an additional $3.7 million. 287(g) programs are not reimbursed by the federal government, and they come directly from taxpayer money.

Georgia has tried implementing anti-sanctuary policies in the past. The state has spent at least 868 hours fighting lawsuits that came after the passage of the bill. Due to the shortage of thousands of migrant workers, Georgia lost $140 million as a result of a crop decline the year HB87 passed. Additionally, 26% of Georgia’s farmers, 50% of Georgia’s watermelon farmers reported income loss as a result of the bill.

HB 1083 forces local law enforcement agencies to carry out these expensive operations in which local governments can only recover 12% of the cost of imposing detainers. In 2019, Florida passed an anti-sanctuary bill, and like Georgia, does not have any sanctuary cities. The American Business Immigration Coalition, together with New American Economy, conducted a study in which they projected that the bill would cost Florida $120 million in taxes and $3.5 billion in gross domestic product. We strongly oppose HB 1083.