To: Georgia Department of Public Safety (Colonel William W. Hitchens, III - Commissioner)

Georgia: Stop Cooperating with ICE

Dear Col. Hitchens: 

We the undersigned join to demand the Georgia Department of Public Safety cease cooperation with U.S. Immigration and Customs Enforcement (ICE). The fear and heartbreak in our communities caused by such practices cannot be ignored, and are manifested, among many places, in the severe drop in enrollment in many of our schools. The brutality of ICE in Minneapolis, most tragically manifested in the killings of Renee Nicole Good and Alex Pretti, has only further exacerbated these fears – as well as highlighted the life-and-death need for change.

Thus, we demand that you:

  • withdraw from any 287(g) agreement and refuse to enter into any such or similar agreement in the future, including ceasing to exercise any power or authority contained in its current agreement, such as (but not limited to) the following:
    • to interrogate any alien or person believed to be an alien as to his right to be or remain in the United States;
    • to arrest without a warrant any alien perceived to be entering or attempting to unlawfully enter the United States in the officer’s presence or view;
    • to serve and execute warrants of arrest for immigration violations under the Immigration and Naturalization Act;
    • to use immigration detainers; 
    • to take and maintain custody of aliens arrested by ICE, or another State or local law enforcement agency on behalf of ICE; 
    • to take and maintain custody of aliens arrested pursuant to the immigration laws and transport (8 C.F.R. § 287.5(c)(6)) such aliens to ICE-approved detention facilities.

  • cease further limit cooperation with ICE, by:
    • refusing to respond to requests by ICE for assistance for any operation, including refusing to assist with any ICE administrative (non-judicial) warrants or subpoenas and refusing to cooperate in the execution of any CE detainer request – none of which is required by state law;
    • refusing to request from ICE and/or “deputizing” them to act under cover of state law;
    • complying with mandatory requirements of O.C.G.A. § 17-5-100, regarding investigation of immigration status during any criminal investigation, without contacting ICE or DHS, detaining a person suspected of unlawful status, or transporting such a suspected person to a federal or state detention facility – none of which our state law requires;
    • ceasing to contact ICE’s Law Enforcement Support Center for any reason, which state law enforcement are not required to do;
    • refusing to detain, arrest, or transport any jailed person to a detention facility, despite verification that any such person is does not have lawful status – none of which, again, is actually required by state law.

  • remove face coverings when conducting any immigration actions;

  • avoid conducting any immigration-related enforcement actions at or near “sensitive spaces,” including, but not limited to schools, school bus stops, healthcare facilities, places of workshop, or public gatherings;

  • commit to upholding the First, Second and Fourth Amendments of the U.S. Constitution if engaging in mandatory cooperation with ICE during targeted enforcement; and

  • be accountable to the community sworn to protect by reporting transparently the facts after immigration enforcement actions via public statement, announcement and/or press conference with interpreters in Spanish, Vietnamese, Korean, Chinese, and other languages as appropriate.

Respectfully,

[Prepared by Marvin Lim]

Why is this important?

Georgia is fourth highest in the nation for ICE arrests - and it is in no small part because of state and local law enforcement cooperation with ICE/DHS. The Georgia Department of Public Safety - under which the Georgia State Patrol falls - has a so-called 287(g) agreement to cooperate with ICE.

How it will be delivered

via e-mail and in-person