URGENT: Permanent Injunction Re: OCGA 16-11-200 thru 16-11-203

On March 20, 2013, Judge Thomas W. Thrash, United District Court, N.D. Ga., issued the attached order permanently enjoining enforcement of the following Code sections:

  • OCGA 16-11-200 (transporting or moving illegal aliens);
  • OCGA 16-11-201 (concealing, harboring, or shielding an illegal alien); and
  • OCGA 16-11-202 (inducing an illegal alien to enter state). 

These Code sections were enacted as part of the Illegal Immigration Reform and Enforcement Act of 2011 (commonly called HB 87), Ga. L. 2011, p. 794.
The order was issued in the case of Georgia Latino Alliance for Human Rights, et al., v. Governor Nathan Deal, et al., Case No. 1:11-cv-1804-TWT, based on the 11th Circuit Court of Appeals having upheld that these Code sections were "preempted by federal law."  Id., see  Ga. Latino Alliance for Human Rights v. Governor of Ga., 691 F.3d 1250 (11th Cir. 2012).
The order directs the defendants to "take appropriate measures to inform state law enforcement agencies of the permanent injunction, and [to] disseminate this order to the Georgia Peace Officer Standards and Training Council, the Georgia Public Safety Training Center, the Georgia Prosecuting Attorneys’ Council, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, the Association County Commissioners of Georgia, and the Georgia Municipal Association."

If you have any cases pending in which individuals are charged with a violation of one of these Code sections, you should take immediate steps to dismiss those charges.

Please make sure that the heads of all law enforcement agencies within your jurisdiction are aware of this order and that they should notify their officers that they cannot arrest or otherwise cause criminal charges to be brought against any person based on an alleged violation of OCGA 16-11-200, 16-11-201 and 16-11-202.  Violations of this injunction could result in the State of Georgia being held in contempt by the U.S. District Court.