Georgia senators passed legislation Thursday that would waive sovereign immunity for local governments that adopt and implement “sanctuary” policies. The bill, which now goes to the House, “gives teeth” to Georgia law, according to bill sponsor Sen. Blake Tillery, R-Vidalia.
Under SB 21, if a local governing body acts in violation of the prohibition on sanctuary policies, the sovereign immunity of the local governmental body and the governmental immunity of all local officials and employees is waived in cases arising from violations of the anti-sanctuary law.
“Today, the Senate took a significant step toward increasing security for our local communities and all of Georgia,” said Lt. Governor Burt Jones, who listed immigration enforcement as one of his top legislative priorities this year. “If you enter our country illegally, you are breaking the law, period. While President Donald Trump fights on the national level to secure our borders and keep illegal immigrants off the streets, we will do the same in Georgia.
“As part of our ongoing commitment and priority to protect our citizens, we are taking a stand against those who attempt to implement sanctuary policies that violate the law and harbor criminals,” Jones added.
The Senate approved Senate Bill 21 in a 33-18 vote Thursday– largely along party lines. Tillery said after the vote that his bill “adds teeth to Georgia law.”
“We currently have laws in place regarding immigration, but some of those laws in Georgia are not being followed,” he said.
If passed into law would remove protections that cities and counties currently have against lawsuits if they do not follow federal immigration law. The bill builds on a 2024 immigration bill House Bill 1105 that requires jailers to hold any suspect believed to be in the country without legal permission if that person is wanted by the U.S. Immigration and Customs Enforcement agency.
“All that Senate Bill 21 says is if a local government or a local government official does not enforce Georgia immigration law, that they waive their sovereign immunity and are open to civil suit from anything that may fall from not following Georgia law,” Tillery said. “All we are going is that local government officials in Georgia have to follow state law.”
This following action by President Donald Trump last month who signed the Laken Riley Act, a federal law giving immigration authorities more power to detain immigrants in the country without permission if they are charged with a variety of crimes. The Laken Riley Act, which was named for a Georgia nursing student who was murdered by an undocumented immigrant in Georgia year and gives local law enforcement and ICE more tools to fight illegal immigrants who commit crime in the United States
“You are on the wrong side of history if you are voting against these bills,” said Sen. John Albers, R-Roswell, from the well prior to Thursday’s vote.
