The Impact of the Supreme Court’s Arizona Immigration Law Ruling On Georgia

“If they want the immigration problem fixed, they have now been told, you cannot fix it.”

Fixing Georgia’s immigration law, according to Kuck, begins with an important part in the provision the Supreme Court struck down in Arizona’s legislation.

He cites section six of Arizona’s law that allowed police to make warrantless arrest.

Kuck says there’s a similar provision in Georgia’s law.

“Section eight of HB 87, which says to police if you stop someone body with reasonable cause to believe they’re illegal, you can ask for their papers. That provision is gone under the Supreme Court.”

Georgia State representative Matt Ramsey doesn’t see the court’s ruling the way Kuck does.

He says that’s because three Arizona provisions, the court struck down, do not mirror any part of Georgia’s law.

He says the part that does was upheld by the justices, “allows state and local law enforcement officers the ability to check immigration status of criminal suspects.”

Immigration attorney Charles Kuck and state representative Matt Ramsey differ on which provisions matter the most.

But both agree the Supreme Court’s ruling lays the foundation for a possible decision on a challenge to Georgia’s immigration law.

Kuck is optimistic the law will be ruled unconstitutional.

However Representative Ramsey maintains, “not only was HB 87 a good step for protecting Georgia taxpayers from bearing the costs of illegal immigration it was also drafted to withstand constitutional scrutiny.”

Rep. Ramsey was a chief sponsor of Georgia’s immigration bill.

Click here for the complete text of the Supreme Court’s decision (PDF).

Click here for the complete text and legislative history of Georgia House Bill 87.