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Georgia rule may affect neighbor
Tuesday, July 24, 2007

By Dick Cook
Staff Writer

A new Georgia law requires local jailers to report to federal officials any illegal immigrants who are booked on DUI or felony charges, but some local law enforcement officers believe the law will have little effect.

"The law requires some reporting, but the law does not say what happens to those individuals that get reported," Dalton, Ga., Police Chief James Chadwick said Monday. "Georgia is a fairly powerful state, but they can't dictate to the federal government what they do with the individuals."

The Georgia Security and Immigration Compliance Act went into effect July 1. One section requires jailers to make "a reasonable effort" to determine whether some offenders booked into the jail are in the United States legally.

Hispanic advocates say there are concerns among immigrants about the law, and some Tennessee officials worry the law could push illegal immigrants north into their state.

According to the Georgia law, if someone is illegal, "the jail shall notify" federal officials.

Whitfield County Sheriff Scott Chitwood said it has been the protocol to report illegal immigrant suspects who are in the Whitfield County Jail to U.S. Immigration and Customs Enforcement officials.

The new law simply "mandates" it, and what happens as a result is up to federal officials, Sheriff Chitwood said.

"ICE makes that determination if they want to pursue it," he said. "With the short-staffing that ICE is experiencing, unless it is a very serious violation, I don't know if they will travel up from Atlanta" to pick up illegals.

Local law enforcement officials said there are three ICE agents who cover a 10-county area in North Georgia.

Temple Black, a spokesman for ICE, said the new state law would "have little impact on operations" in the region and will not change the way the federal agency does business.

"Our policy is to focus on the most dangerous criminals and people who hurt the citizenry," Mr. Black said. "The other people who come across, we will work to have them removed. But we focus on serious criminal aliens first."

Mr. Black said other states are considering immigration legislation, too.

In Tennessee, Bradley County Commissioner Jeff Yarber said he is "glad (Georgia) did something" and wants to see if Tennessee lawmakers can follow Georgia's lead.

Mr. Yarber said he is concerned that aggressive enforcement of the new law may encourage illegal immigrants to cross from Whitfield County into Bradley.

"With us being a border county, we might get overran by illegals," he said.

Mr. Yarber said he has no hard figures on how many illegal immigrants are in Bradley County, but he knows the Hispanic population has increased in the past several years.

Brian Smith, a Bradley County commissioner and Cleveland police officer, said more illegal immigrants could stream into the county. He wants his state to take action.

"Either the people in Washington or the state is going to have to take some steps to slow down the immigrants coming in causing a burden," he said. "I want to lobby legislators on the state level and put some burden on property owners that rent (to illegals) and the people who employ them."

Bradley County Sheriff Tim Gobble said his corrections officers access a database when someone suspected of being in the country illegally is brought to the jail to determine if the person ever has been deported. If so, a "hold" is placed on the person, and ICE agents are notified.

"Once the state charges are adjudicated, then ICE would will pick them up," Sheriff Gobble said.

Corrections officers do not attempt to establish if a person is in the country legally, he said.

Tennessee Sen. Dewayne Bunch, R-Cleveland, said legislators considered a number of bills this session dealing with immigration. Sen. Bunch said the bill that passed holds employers liable for hiring illegal aliens.

Sen. Bunch said he would listen to citizens' suggestions on immigration.

"My feeling is that (illegals) are coming anyway, regardless of what laws Georgia passes," he said. "Clearly, there is a flow of folks into the state. It's a legitimate concern."

Part of Georgia's new law requires companies with more than 500 employees to verify the immigration status of newly hired workers.

Dalton's Chief Chadwick said this provision may have further-reaching consequences for people in Tennessee. He also said a person can't register a vehicle unless he can prove citizenship.

"Let's face it, folks are here illegally because they came here for the jobs," Chief Chadwick said. "If they can't get employment or a vehicle, they are going to leave."

E-mail Dick Cook at dcook@timesfreepress.com

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