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Georgia municipalities not enforcing immigration could have sovereign immunity waived

By
Updated  February 21, 2025 12:02pm EST
Immigration
FOX 5 Atlanta

The Brief

    • The Republican-led Senate is targeting local governments that do not cooperate with federal immigration officials.
    • Sovereign immunity protects local governments from lawsuits.
    • Senate Democrats oppose Senate Bill 21, which would strip local governments and their employees of sovereign immunity, possibly opening them up to lawsuits if they violate Georgia's sanctuary city ban.

ATLANTA - Some Georgia lawmakers are pushing to penalize local governments that fail to cooperate with U.S. Immigration and Customs Enforcement (ICE) agents. 

The Republican-led Senate is advancing Senate Bill 21, which aims to waive the sovereign immunity that currently shields local governments from lawsuits.

What would SB 21 do?

What we know:

If Senate Bill 21 becomes law, it would strip cities, counties, and their employees of that legal protection if they violate Georgia's sanctuary city ban. Republican lawmakers stepped up their push for tougher immigration laws following the murder of Georgia nursing student Laken Riley, who was killed by an illegal immigrant in Athens last February.

What is sovereign immunity?

Dig deeper:

Sovereign Immunity protects local governments from lawsuits.

Opposition to SB 21

Dig deeper:

State Senate Democrats oppose the measure. They believe the legislation would worsen jail overcrowding, open governments up to frivolous lawsuits, and make it harder to recruit law enforcement officers.

SB 21's status

What's next:

The bill passed on Thursday following heated debate. The measure now goes to the House for consideration.

The Source: FOX 5's Deidra Dukes spoke with lawmakers on both sides of the aisle for this article. The article also uses records provided by the Georgia General Assembly. Previous FOX 5 Atlanta reports were also used.

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