Georgia 2023-2024 Regular Session

Georgia House Bill HB328

Introduced
2/9/23  

Caption

Crimes and offenses; persons who are noncitizens and present in the United States without official documentation; revise terminology

Impact

The bill sets forth specific penalties for various offenses associated with undocumented persons. For instance, persons found guilty of concealing or harboring seven or fewer undocumented individuals may face misdemeanor charges with up to 12 months of imprisonment or fines. However, for harboring eight or more individuals or doing so with the intention of profiting, felonious charges apply with stricter penalties. Importantly, the bill allows law enforcement personnel greater authority to verify the immigration status of suspects and mandates collaboration with federal immigration authorities, thereby increasing the role of state officials in immigration enforcement.

Summary

House Bill 328 revises terminology and establishes new provisions concerning individuals who are undocumented in the State of Georgia. The bill amends several articles in the Official Code of Georgia Annotated, focusing on offenses related to undocumented persons, including the concealing, harboring, and transporting of individuals verified as present in the United States in violation of federal law. Under the new definitions, such persons are referred to as 'undocumented persons', replacing the term 'illegal aliens'. This change is aimed at addressing the legal framework surrounding undocumented immigration and the actions taken against individuals who assist them.

Contention

The discourse surrounding HB328 highlights significant contention about its implications on civil liberties and local community dynamics. Supporters argue that the bill is essential for public safety and effective immigration enforcement, while critics contend that it may foster distrust in law enforcement among immigrant communities, potentially deterring individuals from reporting crimes or seeking help. There are concerns about racial profiling and the ethical ramifications of allowing law enforcement to engage more deeply in federal immigration matters. The bill ultimately aims to balance state-level enforcement with respect for the rights of individuals involved.

Companion Bills

No companion bills found.

Previously Filed As

GA HB2474

noncitizen; alien; terminology.

GA SB1030

noncitizen; alien; terminology

GA SB1406

Noncitizen; alien; terminology

GA HB319

Crimes and offenses; illegal aliens; penalties for state and local officials and employees for noncompliance; provide

GA HB1290

Crimes and offenses; protection of elder persons; sexual abuse; revise definition

GA HB2632

AN ACT Relating to modernizing terminology when referring to individuals who are not citizens or nationals of the United States;

GA HB3856

Relating to immigration documentation or other information to verify citizenship or immigration status and to notification to the federal government of an arrested or detained person who is unlawfully present in the United States; creating a criminal offense.

GA HB1303

Relating to certain criminal offenses involving illegal entry into or illegal presence in this state by a person who is an alien, including the enforcement of those offenses; increasing criminal penalties.

GA HB1711

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8 and Title 9, relative to reporting regarding persons not lawfully present in the United States.

GA SB2108

AN ACT to amend Tennessee Code Annotated, Title 4; Title 7; Title 8 and Title 9, relative to reporting regarding persons not lawfully present in the United States.

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