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Georgia Enacts Laws On Immigration Status Checks And Cash Bail

Georgia Gov. Brian Kemp speaks to members of the Athens Area Chamber of Commerce regarding the beating death of nursing student Laken Riley on Feb. 26, 2024, in Athens, Ga. Kemp on Wednesday, M

Georgia has recently implemented two new laws aimed at addressing immigration issues and bail requirements in the state. The first law, House Bill 1105, mandates that jailers must now check the immigration status of inmates and apply to assist in enforcing federal immigration law. This measure was prompted by a tragic incident where a Venezuelan man was accused of beating a nursing student to death on the University of Georgia campus.

Under this new law, jail officials are required to verify with U.S. Immigrations and Customs Enforcement (ICE) whether prisoners are known to be in the country illegally. Failure to do so is now considered a misdemeanor. Additionally, local jails must apply for a 287(g) agreement with ICE to allow jailers to help enforce immigration law.

The second law signed by Governor Brian Kemp requires cash bail for 30 additional crimes and limits the ability of individuals and charitable bail funds to post cash bonds for more than three people a year unless they meet the criteria to become a bail bond company. This law is set to take effect on July 1.

Supporters of these laws argue that they are necessary to ensure public safety and hold criminals accountable. However, opponents express concerns that the immigration law could deter immigrants from reporting crimes and cooperating with law enforcement. They also point to studies showing that immigrants are less likely to commit crimes compared to native-born Americans.

These legislative changes reflect a broader national debate on the use of cash bail and immigration enforcement. While some jurisdictions are moving towards abolishing cash bail entirely, Georgia's new laws signal a shift towards increased reliance on cash bail and stricter immigration measures.

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