Empowering Immigrant Communities: Understanding Georgia House Bill 1105

Georgia House Bill 1105, known as the Georgia Criminal Alien Track and Report Act of 2024, has now been officially signed into law by Governor Brian Kemp. This development has raised significant concerns and questions within immigrant communities across the state. As your trusted immigration advocates, we want to provide you with updated information regarding this bill and its potential impact (with the help of the Latino Community Fund Georgia).

Understanding HB 1105: What You Need to Know

HB 1105 aims to tighten immigration enforcement and target undocumented individuals who may be pulled over in a traffic stop or arrested. The now-passed law requires local law enforcement agencies to work with federal immigration authorities, particularly Immigration and Customs Enforcement (ICE). Now, local agencies are required to verify the immigration status of individuals who are arrested and cannot provide identification and, in turn, tell ICE if they are found to be undocumented.

Not only does HB 1105 require reporting undocumented individuals to ICE, but if officers do not comply, it can result in penalties to agencies, including the potential loss of state funding and a high and aggravated misdemeanor charge. Additionally, jails would now required to collect and share data on the immigration status of their inmate populations, increasing surveillance and scrutiny of immigrant communities.

Clarifying Misconceptions: What HB 1105 Is Not

Thankfully, HB 1105 is not a blatant “show your papers” law. This means that individuals cannot and should not be arrested solely on suspicion of being undocumented. Instead, the law requires that officers verify immigration status following an arrest. Additionally, under HB 1105, individuals are not required to provide a DNA sample upon arrest, except in cases where the individual is charged with a felony and has an ICE detainer. Lastly, it’s important to note that HB 1105 specifically applies to individuals who are the subject of a stop or arrest. This means that passengers in a vehicle during a traffic stop are not required to present identification or be affected by the provisions outlined in HB 1105.

Protecting Yourself: Knowing Your Rights

Even so, it is crucial to understand your rights. Knowing how to best stay in control of the situation can prevent from a bad situation becoming even worse. Here are some things to keep in mind:

DO NOT:

Lie to law enforcement. Always be truthful with your identity and details about yourself. However, you can always exercise your right to remain silent.
Sign any documents without consulting an attorney first. Know that you can always ask for your attorney or that one be provided for you.
Participate in any activities that put you at risk of being pulled over or arrested. This includes driving under the influence of drugs or alcohol.

DO:

Always carry your immigration documentation, such as your Employment Authorization Document (EAD) or Green Card. If your case is pending, carry a copy of your receipt notice.
- If you are eligible for a GA State ID or License, it is highly recommended that you get one. A State ID proves legal status and is most easily recognized by law enforcement.
Request an interpreter during an arrest if English is not your preferred language.
Create an emergency plan for your children’s care and finances in case of an arrest.
Memorize the phone number for your country’s consulate. You have the right to call them in the case of an arrest.
Memorize the phone number of a trusted family member or friend. They will be able to coordinate assistance and funds while you are unable to.

Taking Action: Our Commitment to Advocacy

At Hope Immigration, we remain committed to advocating for the rights of everyone, no matter their immigration status. While we recognize the need for effective and fair immigration policies, we’re against measures that instill fear, discrimination, and injustice.

The new law, HB 1105, comes with inherent risks for immigrants in Georgia. It might lead to more racial profiling and make immigrants feel less safe. We’re worried it could even fuel hate and spread false information about immigrants.

We sincerely hope our leaders understand the impact of this law now that it’s official. If you want to speak up about it, you can contact your representatives here.

Most importantly, stay informed and stay empowered. We are here to support and guide you through these challenging times.