Georgia HB 1105 Explained: How Georgia's 2024 ICE Cooperation Law Affects Immigrants

Georgia's House Bill 1105, signed into law in 2024 and effective July 1, 2024, fundamentally changed the relationship between local law enforcement and federal immigration authorities. The law requires Georgia sheriffs to honor ICE detainer requests and creates criminal penalties for sheriffs who don't comply.

This guide explains what HB 1105 actually does, what "287(g) cooperation" means, how the law affects immigrants arrested for any reason in Georgia (from traffic stops to misdemeanors to felonies), and what immigrant residents and their families should know.

What HB 1105 does

HB 1105 — formally the "Georgia Criminal Alien Track and Report Act of 2024" — has four major provisions:

1. Mandatory honoring of ICE detainers. When ICE issues a "detainer request" (Form I-247) asking a Georgia sheriff to hold someone in jail past their scheduled release, the sheriff must comply. Pre-HB 1105, this was voluntary.

2. Mandatory immigration-status check. Sheriffs must determine the immigration status of every person booked into the county jail. Status information is reported to the Georgia Bureau of Investigation and made publicly available.

3. Mandatory 287(g) participation. Counties must enter into or maintain 287(g) agreements with ICE, which deputize specific sheriff's deputies to perform certain federal immigration enforcement functions.

4. Criminal penalties for non-compliant sheriffs. Sheriffs who refuse to comply face misdemeanor charges and may be removed from office.

What "287(g)" actually means

Section 287(g) of the federal Immigration and Nationality Act allows ICE to enter into agreements with state and local law enforcement agencies, deputizing them to perform certain immigration enforcement functions.

Under HB 1105, every Georgia county must have a 287(g) agreement. The agreements come in different models:

• Jail Enforcement Model (JEM): deputized officers identify and process noncitizens for removal proceedings while they're in jail
• Warrant Service Officer (WSO) Model: deputized officers can execute administrative removal warrants within the jail
• Task Force Model: officers can act as immigration officers in the community (historically more controversial; reactivated in 2025)

Most Georgia counties operate under JEM or WSO. Some have expanded to Task Force operations.

What this means in practice

If you're arrested for any reason in Georgia — a DUI, a misdemeanor theft, even a serious traffic offense — the following happens:

1. Booking: you're booked into the county jail.
2. Status check: the sheriff's office runs your information through federal immigration databases.
3. ICE detainer: if you're identified as removable (no lawful status, expired status, or under specific INA categories), ICE issues a detainer requesting the sheriff hold you up to 48 hours past your scheduled release.
4. Transfer: at the end of state custody (after the criminal case resolves or after release), ICE takes custody and transports you to an immigration detention facility — typically Stewart Detention Center in Lumpkin, Georgia.

This means that ANY contact with Georgia law enforcement now creates immigration-enforcement risk for noncitizens, regardless of the seriousness of the underlying state charge.

What ICE detainer data shows

Recent data shows:

• ~42% of ICE arrests in Georgia involve people with no prior criminal convictions
• Detainer volume has risen substantially since HB 1105 took effect
• The most common originating charges are traffic-related (driving without a license, DUI)

The pre-HB 1105 narrative that ICE primarily targets "criminal aliens" doesn't match the data — a large share of those swept up are people with minor or no criminal history.

Constitutional challenges

HB 1105 faces ongoing constitutional challenges:

• Fourth Amendment: ICE detainers are administrative documents, not warrants. Several federal courts have held that holding someone solely on an ICE detainer for more than 48 hours, or holding them at all without independent probable cause for the immigration violation, violates the Fourth Amendment.
• Preemption: arguments that state law mandating cooperation with federal immigration enforcement conflicts with federal authority over immigration.
• Equal Protection: claims that the law's enforcement pattern targets specific ethnic communities.

As of mid-2026, HB 1105 remains in effect. Litigation continues.

What immigrants in Georgia should know

If you're a noncitizen living in Georgia, HB 1105 changes the risk calculus around ordinary life:

Traffic stops: now meaningfully risky. Driving without a license (common for unauthorized immigrants who can't legally obtain one) can lead to arrest, jail booking, ICE detainer, and removal proceedings.

Domestic disputes: even calling 911 about being a domestic violence victim can lead to your own arrest in dual-arrest situations, with the same downstream immigration consequences.

Witness participation: cooperating with police as a witness or victim can result in your immigration status being checked.

Workplace incidents: workers' compensation claims, OSHA complaints, and labor disputes can lead to retaliation that includes immigration enforcement.

For undocumented residents, this means avoiding any unnecessary law enforcement contact. For lawfully-present immigrants with green cards or work visas, the law theoretically shouldn't affect you — but database errors and administrative confusion mean LPRs are sometimes wrongly detained.

What to do if you're arrested

If you're arrested in Georgia and are a noncitizen:

1. Don't answer questions about immigration status. You have the right to remain silent. Don't confirm or deny citizenship status to police or jail staff.
2. Don't sign anything without a lawyer. Voluntary departure forms, stipulations, waivers — all have permanent consequences.
3. Contact an immigration attorney immediately. Friends or family can call attorneys on your behalf. Time is critical.
4. Request a list of free legal services from the immigration court if you're transferred to ICE custody.

If a family member is arrested:

1. Find them in the system. ICE Detainee Locator shows where someone is being held.
2. Contact an immigration lawyer — quickly. The first 24-48 hours after ICE custody affect bond hearings, possible release, and case strategy.
3. Gather documents: marriage certificates, children's birth certificates, tax returns, employment records, proof of community ties. These support bond and relief applications.
4. Don't transfer money to anyone claiming they can release the person without documentation. Bond scams target immigrant families.

Resources for Georgia immigrants

• Georgia Latino Alliance for Human Rights (GLAHR): rapid-response network for immigration emergencies
• Asian Americans Advancing Justice — Atlanta: legal services and advocacy
• Catholic Charities of Atlanta — Immigration Services: low-cost representation
• Georgia Asylum and Immigration Network (GAIN): pro bono asylum representation
• Project South: legal observation and impact litigation
• National Immigration Law Center (NILC): federal-level advocacy and resources

Frequently asked questions

Does HB 1105 affect U.S. citizens?

No directly. But citizens can be mistakenly held under ICE detainers due to database errors. Carrying proof of citizenship is recommended.

What if I have DACA?

DACA recipients are technically removable but DACA grants protection from deportation as a policy matter. HB 1105's status checks may flag DACA recipients, but enforcement against them depends on federal ICE policy. If you have DACA and are arrested, contact an immigration lawyer immediately.

Do all Georgia counties have 287(g) agreements?

Yes, per HB 1105. Some counties had agreements before; others entered them after the law took effect. The specific model (JEM, WSO, Task Force) varies.

Can I be detained for a minor traffic offense?

Yes, if you're booked into jail. Driving without a license is the most common originating offense in Georgia ICE detainer data.

What if I'm a victim of crime?

You may qualify for a U visa (for victims of qualifying crimes who cooperate with law enforcement) or T visa (for trafficking victims). These provide protection from removal and a path to green cards. Apply through an immigration attorney.

Is sanctuary policy available anywhere in Georgia?

HB 1105 explicitly prohibits sanctuary policies. Some local governments have advocated for alternatives, but the law is enforced statewide.

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This is general information, not legal advice. Immigration enforcement in Georgia is fluid; case law, agency policy, and political climate can change quickly. Consult a licensed Georgia immigration attorney immediately if you or a family member faces detention or proceedings. The resources listed above can also help.