Legal Question in Immigration Law in Georgia

Very good question. As of right now, most of the Georgia statute has been "stayed" by the court, meaning that most of the provisions (and those that would affect you a landlord) are not yet in effect. So as of right now, you have no obligations as a landlord under the Georgia immigration law. Stay tuned to the news as this will surely be fast-tracked through the courts.

If the courts ultimate decide to uphold the statute as currently written it would be wise to make sure you are taking appropriate steps to ensure that you are not leasing to illegals. There are two provisions in the new bill in particular that could be construed as effecting landlords. One provision states that a Georgia resident cannot provide "safe harbor" to illegals and another provision of the law states that a Georgia resident cannot "entice" an illegal to enter the state (whether signing a lease with an illegal would be considered "enticement" is up for debate, by why take a chance?). Here's the two provisions below, as they are currently written:

16-11-201. 338

(a) As used in this Code section, the term: (1) 'Harboring' or 'harbors' means any conduct that tends to substantially help an illegal alien to remain in the United States in violation of federal law but shall not include a person providing services to infants, children, or victims of a crime; a person providing privately funded social services; a person providing emergency medical service; or an attorney or his or her employees for the purpose of representing a criminal defendant. (2) 'Illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.

(b) A person who is acting in violation of another criminal offense and who knowingly conceals, harbors, or shields an illegal alien from detection in any place in this state, including any building or means of transportation, when such person knows that the person

being concealed, harbored, or shielded is an illegal alien, shall be guilty of the offense of concealing or harboring an illegal alien. (c) Except as provided in this subsection, a person convicted of concealing or harboring an illegal alien who conceals or harbors seven or fewer illegal aliens at the same time in the same location shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. A person convicted of concealing or harboring an illegal alien who conceals or harbors eight or more illegal aliens at the same time in the same location, or who conceals or harbors an illegal alien with the intent of making a profit or receiving anything of value, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.

(d) This Code section shall not apply to a government employee or any person acting at the express direction of a government employee who conceals, harbors, or shelters an illegal alien when such illegal alien is or has been the victim of a criminal offense or is a witness in any civil or criminal proceeding or who holds an illegal alien in a jail, prison, or other detention facility.

16-11-202. 367

(a) As used in this Code section, the term 'illegal alien' means a person who is verified by the federal government to be present in the United States in violation of federal immigration law. (b) A person who is acting in violation of another criminal offense and who knowingly induces, entices, or assists an illegal alien to enter into this state, when such person knows that the person being induced, enticed, or assisted to enter into this state is an illegal alien, shall be guilty of the offense of inducing an illegal alien to enter into this state.

(c) Except as provided in subsection (d) of this Code section, for a first offense, a person convicted of inducing an illegal alien to enter into this state shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $1,000.00, or both. For a second or subsequent conviction of inducing an illegal alien to enter into this state, a person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.

(d) A person who commits the offense of inducing an illegal alien to enter into this state who does so with the intent of making a profit or receiving any thing of value shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not

less than one or more than five years, a fine of not less than $5,000.00 or more than $20,000.00, or both.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******