U.S. District Court Judge Thomas Thrash on Monday issued an order adopting a judgment on the law by the 11th U.S. Circuit Court of Appeals. In a ruling before the law was set to take effect in July 2011, Thrash had issued preliminary injunctions that blocked parts of the law pending the outcome of a legal challenge.
A three-judge panel of the 11th Circuit in August ruled that a part of the law that authorizes law enforcement to verify the immigration status of criminal suspects who fail to produce proper identification should be allowed to go into effect. Thrash’s order seems to indicate that law enforcement agencies can immediately begin enforcing that section of the law, said lawyers in the case.
The 11th Circuit panel left in place Thrash’s injunction blocking part of the law that makes it illegal for someone to knowingly harbor or transport an illegal immigrant during the commission of a crime. That section of the law remains blocked under Thrash’s new order.
The order issued Monday does not resolve the lawsuit filed by the activist groups challenging the law. It merely addresses the preliminary injunctions.
“We’re going to be monitoring the implementation of the show-me-your-papers provision in Georgia very carefully,” said Karen Tumlin, a lawyer with the National Immigration Law Center, referring to the law enforcement section of the law. She said they’ll gather evidence on how the law is interpreted and enforced to use in seeking a permanent injunction of that section.
Attorney General Sam Olens’ office did not immediately have a comment Tuesday on Thrash’s decision.
Omar Jadwat, a lawyer for the American Civil Liberties Union, one of the groups that challenged the law, said that while the order seems to lift the injunction, “it would be irresponsible for the state to go ahead and start enforcing it without providing guidance to law enforcement on how it should be enforced.
Police departments and sheriff’s offices in the state are governed by local governments which will have to make decisions about how to enforce the law. Unlike similar laws in other states, such as Arizona, Georgia’s law does not require officers to check someone’s immigration status. Instead it authorizes them to do so during the investigation of another crime if the suspect cannot produce an acceptable form of identification, such as a valid driver’s license.
Terry Norris, executive director of the Georgia Sheriff’s Association, and Frank Rotondo, executive director of the Georgia Association of Chiefs of Police, both said they hadn’t issued any sort of guidance to local agencies on how to enforce the law.
Norris plans to talk to his organization’s training committee to see whether they planned to issue any guidelines, but because of the large number of laws that officers have to enforce it’s not practical to issue guidance for each one, he said.
“If anything changes, it will not be an overnight change,” he said. “It will be a gradual acknowledgement of the provisions and a determination of how to enforce them.”
Rotondo said he doesn’t expect it to have a great impact on the way law enforcement officers operate. They already ask for identification during a traffic stop or investigation of another offense and they will continue to do so, he said.