ATLANTA – A Georgia Senate committee advanced legislation Wednesday that would expose school districts and other governing bodies to lawsuits if they violate a state law that requires cooperation with federal officials and police on immigration enforcement.
The Republican-led Senate Public Safety Committee voted 5-3 to pass Senate Bill 21, which would waive sovereign immunity for violators. Sovereign immunity shields governments against lawsuits.
The legislation targets what has come to be known as “sanctuary city” policies — local rules against collaborating with federal immigration authorities.
The measure requires sheriffs to comply with federal immigration detainer requests, and a representative of the Georgia Sheriffs’ Association said his group was neutral on that.
Mack Parnell with the Georgia Faith & Freedom Coalition expressed support for the whole bill, but other advocates were opposed.
Megan Gordon, policy director for the Council on American-Islamic Relations, warned that SB 21 could expose teachers to lawsuits if they follow federal court precedent that she said prohibits the collection and reporting of students’ immigration status.
Stephanie Tanner with the Georgia School Boards Association said she was unaware of any of the state’s 180 school districts having a policy that violates the state law on immigration. She said members were concerned about whether a mere accusation would be enough to open the door to lawsuits.
Sen. Blake Tillery, R-Vidalia, the chief co-sponsor of the bill, said a government would expose itself to a lawsuit if it violated state law, which already carries criminal penalties for noncompliance.
“If they aren’t complying then they are running the risk of waiving sovereign immunity if you pass this bill,” Tillery said, adding that “it hits them in the pocketbook.”