Law Enforcement Implications of House Bill 87 Bill

Law Enforcement Implications of House Bill 87 Bill is known as the “Illegal Immigration Reform and Enforcement Act of 2011”. Many different implications for Cities and Counties. (contracting, Licenses, etc. ) Specific implications for law enforcement.

Law Enforcement Implications of House Bill 87 Bill creates numerous new or modified statutes to include: “Aggravated Identity Theft” Felony to willfully use identifying information of another for the purpose of seeking employment. Prohibits use of counterfeit or fictitious ID or the ID of a deceased person to obtain employment.

Law Enforcement Implications of House Bill 87 Penalties for committing the crime of aggravated identity theft include: 1 st violation – 10 years or up to $100, 000 fine or both. 2 nd violation – 15 years or up to $250, 000 fine or both. Any person found guilty may be ordered to make restitution. Each violation will be considered a separate offense. Good faith exemptions.

Law Enforcement Implications of House Bill 87 “Transporting or moving an illegal alien” 1 st offense – if 7 or less, 12 months, $1, 000 fine or both. 2 nd offense or more- 1 -5 years $5, 000 to $20, 000 fine or both. If 8 or more illegal aliens are moved 1 -5 years or $5, 000 fine or both. If moving illegal aliens to make a profit (any amount) 1 -5 years or $5, 000 to $20, 000 fine or both.

Law Enforcement Implications of House Bill 87 “Concealing or harboring an illegal alien”. 7 or less illegal aliens – 12 months or $1, 000 fine or both. If 8 or more 1 - 5 years or $5, 000 to $20, 000 fine or both

Law Enforcement Implications of House Bill 87 “Inducing an Illegal Alien to enter State”. 1 st offense – 2 months of $1, 000 fine or both. 2 nd offense – 1 -5 years or $5, 000 to $20, 000 fine or both. If done for profit, 1 -5 years or $5, 000 to $20, 000 fine or both.

Law Enforcement Implications of House Bill 87 All three of the previous offenses use the same definition of “illegal alien” which is a person who is verified by the federal government to be present in the United States in violation of federal immigration law. This provision limits application of these offenses to situations where the officer has received confirmation that the foreign nationals are, in fact, in the United States illegally.

Law Enforcement Implications of House Bill 87 In each of the aforementioned crimes, the State must also prove: (1) That the defendant was committing another crime at the time; (2)(2)That the defendant knowingly and intentionally committed the act (transporting, concealing, harboring, or inducing); and (3)That the defendant did so with knowledge that the aliens were in the United States illegally.

Law Enforcement Implications of House Bill 87 Exceptions: Performance of official duty. Providing services to crime victims. Transporting to court proceedings.

Law Enforcement Implications of House Bill 87 Reasonable articulable suspicion is required that a person has committed a crime other than the previously mentioned before an officer can make a traffic stop. This language is intended to prevent officers from “profiling”.

Law Enforcement Implications of House Bill 87 In addition the bill creates “OCGA 17 -5 -100” This statute allows an officer to verify the immigration status of an individual who cannot produce acceptable identification documents. Stop must be made based on probable cause that the individual has committed a violation of state law. (does not include violations of city or county ordinances)

Law Enforcement Implications of House Bill 87 Acceptable documents for identification includes: (1) A Georgia driver’s license or an identification card issued by DDS. (2)A driver’s license issued by a state that verifies immigration status before issuing a license. (22 states require an applicant to indicate their citizenship status. 7 of those require documentation affirming status). (3)Identification documents issued the Federal government (Visas, etc). (4)Other information that would allow officer to identify.

Law Enforcement Implications of House Bill 87 A peace officer is prohibited from considering a person’s race, color or national origin except as permitted by the GA constitution and the United States Constitution when making the decision to request identification or to run and immigration check. A peace officer is authorized to use any means necessary to determine immigration status including: • The Federal Database; • ID authorized by federal law; • Electronic fingerprints and/or contacting appropriate federal agencies.

Law Enforcement Implications of House Bill 87 Once status has been determined as “illegal” then and only then, the officer may “take any action authorized by state or federal law, which can include detaining the person or transporting the person to “any authorized state or federal detention facility”. Being in the US illegally is not a federal crime To transport to federal facility requires authorization from a federal agency. Otherwise, must be transported to state or local facility.

Law Enforcement Implications of House Bill 87 No person acting in “good faith” or acting as a witness to a crime, reports a crime, or seeks assistance as a victim, shall have their status investigated A peace officer or prosecutor acting in good faith will be immune from damages or liability.

Law Enforcement Implications of House Bill 87 County jails are required under this statute to verify the immigration status of any foreign national booked into the facility. (current law only requires verification of persons charged with felonies, DUI, driving without a license, and high and aggravated misdemeanors).

Law Enforcement Implications of House Bill 87 Once sentence is imposed, the Department of Corrections will have 15 days to transfer the inmate from the county jail. If transfer does not take place within the 15 days the department will reimburse the county the sum of not less than $7. 50 per day per inmate.

Law Enforcement Implications of House Bill 87 Anticipated problems • E-Verify system will become overloaded. • Departments will abuse. • Once arrested for illegal status, then what? Jail may not take. • Who pays transportation costs? • $7. 50 per inmate per day? ? Not nearly enough.

Law Enforcement Implications of House Bill 87 Questions? ?