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Georgia bill would require state and local officials to report and authorize removal for officials who 'harbor' undocumented immigrants
Summary
Rep. David Clark told the House Judiciary Committee that HB 319 would create a state reporting requirement and criminal penalties for state or local officials who harbor, conceal or assist undocumented immigrants; advocates warned the measure could chill services and local discretion.
Representative David Clark introduced House Bill 319 to the House Judiciary Committee as a measure to "enforce immigration law and regulations," saying the bill would create a mandated-reporting statute for "state or local officials elected, appointed, or hired" who harbor, conceal, or aid and abet a criminal "illegal alien." Clark said the bill would authorize Georgia prosecutors to charge public officials and would give the governor authority to remove officials who violate the code section. (Representative David Clark, author.)
Jennifer Lee, policy director at Asian Americans Advancing Justice—Atlanta, testified in opposition during the hearing. Lee said local government employees frequently must exercise discretion when providing public services and that the bill could create a climate of fear that strains community relations and interferes with delivery of services such as education, parks, health programs and libraries. Lee also warned that instability in federal immigration programs can change individuals' status over time and that punitive state-level rules risk harming people whose federal statuses have recently changed. (Jennifer Lee, testimony.)
During committee questioning Representative Panish asked whether existing crimes such as abetting, accessory or violations of oath already cover conduct targeted by the bill; Clark replied the intent was to add "teeth" and to permit removal of officials. Committee members also asked about whether the bill contains a legal definition of "illegal alien." A committee member noted a definition appears in Georgia Code section 16-11-202; Clark said he was not certain and would consider clarifying language. (Questioners and responses.)
The hearing remained a "hearing only" for today; no motion or recorded committee vote was taken on HB 319 during this session.
The committee record shows concern from both the bill's sponsor about enforcing existing law and from civil-rights advocates and some members about the bill's possible chilling effects on public employees and community services.
