SB 21 Georgia Senate · 2025-2026 Regular Session

Local Governments; violation of the prohibition on immigration sanctuary policies; waive sovereign and governmental immunities

Summary

A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to waive sovereign and governmental immunities for local governments and their officials and employees for a violation of the prohibition on immigration sanctuary policies; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding jails, so as to require sheriffs, jailers, and deputies to honor immigration detainer requests issued by the Department of Homeland Security; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Issues: ✗ Immigration

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2026

Senate Passage

Feb 2025

House Passage

Governor

Introduced Jan 17, 2025 Last action Mar 19, 2026

Maddy AI version diff · 1 comparison

What changed between versions

As introduced LC 49 2106 → As Passed Senate · 5 edits

MODERATE

The bill was amended from its original introduction to its Senate passage version, primarily updating the bill number and streamlining the language around immigration detainer compliance and immunity waivers. The changes clarify which officials are subject to the detainer requirements and modify how immunity waivers are applied when violations occur.

Scope change

The scope was narrowed by changing the referenced code section from a general jail provision to a specific code section (42-1-11.5) focused on immigration detainer notices. The applicability was also refined to define 'custodial authority' more precisely rather than listing individual roles.

TECHNICAL

Updated bill identifier from LC 49 2106 to LC 57 0224S (SCS) to reflect Senate passage version.

DEFINITION

Changed the referenced code section from Article 1 of Chapter 4 of Title 42 to Code Section 42-1-11.5 for immigration detainer compliance.

Added specific definitions for 'custodial authority' and 'immigration detainer notice' to clarify who must comply and what documents trigger the requirement.

REQUIREMENT

Replaced specific role-based requirements (sheriffs, jailers, deputies) with a broader 'custodial authority' definition that includes various facility types.

ENFORCEMENT

Modified the immunity waiver language to apply to 'custodial authority' rather than individual roles, and clarified the scope of immunity waiver to include 'sovereign and other governmental immunities'.

Floor votes · Senate Feb 13, 2025

How they voted

33–16

Passed · 6 other

Total votes 55

Feb 13, 2025

D Democratic22

3 Yea 16 Nay 3

72% Nay

R Republican33

30 Yea 3

90% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 19, 2026

Committee

House Withdrawn, Recommitted

lower

Apr 4, 2025

Committee

House Withdrawn, Recommitted

lower

Mar 27, 2025

Lower · Passed

House Committee Favorably Reported

lower

Feb 13, 2025

Upper · Passed

Senate Passed/Adopted By Substitute

upper

Feb 6, 2025

Upper · Passed

Senate Committee Favorably Reported By Substitute

upper

Jan 27, 2025

Committee

Senate Read and Referred

upper

Jan 17, 2025

Introduced

Senate Hopper

upper

20 primary · 0 co-sponsors