House Bill 1105, passed in Georgia in 2024, as O.C.G.A. § 42-4-14, is a state law requiring every Sheriff’s Office in Georgia to take certain specific steps when dealing with handling people who are arrested and who may not be legally in the U.S. This includes:

• Checking Immigration Status: When a person is arrested and booked into jail, the Sheriff’s Office must try to confirm whether that person is legally in the country.

• Honoring Federal Detainers: If federal immigration authorities issue a detainer request (a formal request to hold someone), the Sheriff must honor it and cannot release the inmate for at least 48 hours unless federal authorities intervene.

• Collecting and Reporting Data: Sheriff's Offices must keep records of immigration-related cases and post those statistics on the Sheriff's Office website. Reports must also be sent to federal agencies.

• Providing Interpreter Services: Sheriff's Offices must provide interpreter services and keep a record of all communications with immigration authorities.

• Criminal Penalties: If a Deputy Sheriff fails to follow certain parts of the law, it may be considered a misdemeanor crime.

The following information is collected during the booking process:

• Homeless Status

• Known Physical Limitations

• Social Security Number

• Country of Citizenship

• Name: First, Middle, and Last

• Address: Street, City, State, and Zip Code

• Place of Birth: City, State, and Country

• Country of Birth

• Date of Birth

• Sex

• Phone Number

• Race

• Height

• Weight

• Hair Color

• Eye Color

• If they have previously been arrested in Gwinnett County

Yes, all arresting officers must complete a pre-booking form that includes a question of country of origin. Therefore, citizenship status is collected and logged for all arrestees, regardless of national origin.

If an arrestee cannot provide documentation of legal status, the Law Enforcement Support Center (LESC) is contacted to determine the arrestee's lawful status in the U.S.

GCSO receives written instructions via email or fax in the form of an immigration detainer or immigration warrant.

Law Enforcement Support Center automatically contacts Immigration and Customs Enforcement (ICE). Immigration and Customs Enforcement (ICE) then have 48 hours to pick up the arrestee.

The arrestee is released, and Law Enforcement Support Center is notified of the release.

Statistics are compiled quarterly and posted on the Sheriff's Office website.

For certain misdemeanor offenses like criminal trespass, shoplifting, fraud, or drug possession, officers must take the following steps before releasing someone with a citation:

• Check national and state criminal history

• Take fingerprints

• Try to verify the person’s immigration status

Any peace officer in the state of Georgia, not just jail staff, are allowed, but are not required, to try to check someone’s immigration status during an encounter if there is probable cause to believe a crime has been committed. Officers may ask to see documents like a driver’s license or consult federal immigration databases.