Casey Cagle personally accuses Decatur of defying state immigration law

Immigration Enforcement Review Board member Phil Kent at the board’s first meeting in 2011. AJC file

To call the city of Decatur the most liberal enclave in the most liberal county in Georgia requires no imagination. Or even exaggeration.

Exactly one year ago, this community of 4.4 square miles and 22,000 souls (along with co-conspirators in Avondale Estates) cast 86 percent of its votes for Democrat Hillary Clinton in the 2016 presidential race.

Support in DeKalb County at large registered a mere 80 percent for Clinton.

The numbers help explain why the city has become a punching bag for a leading candidate for governor. Who is now prepping for a Republican primary in which it is never too early to display one’s conservative biceps to supporters of Donald Trump.

Lt. Gov. Casey Cagle. BOB ANDRES / BANDRES@AJC.COM

On Monday, in his capacity as an ordinary private citizen who just happens to have a very nice office in the state Capitol, Lt. Gov. Casey Cagle personally accused the city of Decatur of violating a state law that bars local governments from providing sanctuary and succor to illegal immigrants.

The accusation was lodged with the state Immigration Enforcement Review Board, a body that may be known to six or seven people in the state – but only if you count the seven people who serve on it. The board, intended as an immigration watchdog focused on local governments, has handled all of 20 cases in the six years of its existence.

Until Cagle filed his complaint, 19 of the 20 complaints had been filed by a single individual — D.A. King, president and founder of the Dustin Inman Society, a nonprofit organization the Southern Poverty Law Center calls a “nativist extremist” group.

That said, even before he saw the charges put forth by Cagle on Monday, IERB Chairman Shawn Hanley declared the situation in Decatur to be worth his board’s attention.

The chairman wasn’t speaking of illegal immigrants loosed on the population after being arrested for murder or DUI. Decatur has no city jail – just two small, temporary holding cells. Its suspects are quickly trucked to the DeKalb County jail.

Nor has the city’s police department refused to cooperate with federal immigration authorities. “To our best recollection, we have never had an [Immigration and Customs Enforcement] detainer request,” said Mayor Patti Garrett.

But on Sept. 29, the police chief and city manager of Decatur made a change in the police employee manual, putting into writing what they said had been a longstanding policy. Its officers would only hold suspects on warrants issued by judges. From the General Order Manual:

“In particular, the Decatur Police Department shall not arrest, hold, extend the detention of, transfer custody of, or transport anyone solely on the basis of an immigration detainer or an administrative immigration warrant.”

Any officer who violates that provision is subject to discipline, according to the manual – which the lieutenant governor says would amount to punishing a cop for “fully communicating and cooperating” with federal authorities. This is something that Decatur officials deny.

Even before filing his accusation with the immigration board, Cagle had already asked the state auditor to begin toting up the state funding that Decatur would forfeit should it refuse to come to terms.

This, in turn, prompted state Sen. Elena Parent, D-Atlanta, to write to Attorney General Chris Carr on behalf of the city of Decatur. Among her questions:

— Does that paragraph mentioned above violate state law as alleged by the lieutenant governor?

— “Under Georgia law, including the state Constitution, what authority does the lieutenant governor have to direct a local government police department to amend its operating policies?”

That last one raises a decent point. Though often reduced to hamburger, local control is – at least officially – a sacred cow in the state Capitol.

On Tuesday, Carr replied to Parent. To no one’s surprise, the attorney general said he couldn’t answer her questions – given that his office represents the immigration board that Decatur will now have to face.

There was another unanswered question in Parent’s letter: Why Decatur? The city of Atlanta has a similar policy, as do other jurisdictions.

Competing answers come to mind. One is that Atlanta has a mayor who will hit back if punched, and has resources to do it. On the other hand, Kasim Reed and Casey Cagle also rose to influence within the same Senate chamber. They’re friends. At one point, a photo of Reed hung in the lieutenant governor’s quarters. It may still be there.

Personally, I think Decatur’s dilemma is rooted in last year’s election results.

The Republican primaries for governor in Georgia are usually a footrace to the right. Secretary of State Brian Kemp has already put illegal immigration at the top of his stump speech. Hunter Hill, the former state senator, and Michael Williams, a current state senator, are likely to move in the same direction.

In the coming months, Cagle is likely to endure grassroots criticism for his relationship to the business wing of the Georgia GOP. But if the lieutenant governor can say he brought the most liberal city in the most liberal county in Georgia to heel on a fine point of immigration law — well, that could be proof to many a Trump voter that he’s one of them.

Reader Comments 3

8 comments
Gaston515
Gaston515

Cagle is 100% right. Now enforce the law.

Sydney__.
Sydney__.

m̟y̟ l̟a̟s̟t̟ m̟o̟n̟t̟h̟ p̟a̟y̟c̟h̟e̟c̟k̟ w̟a̟s̟ f̟o̟r̟ 11000 d̟o̟l̟l̟a̟r̟s̟... a̟l̟l̟ i̟ d̟i̟d̟ w̟a̟s̟ s̟i̟m̟p̟l̟e̟ o̟n̟l̟i̟n̟e̟ w̟o̟r̟k̟ f̟r̟o̟m̟ c̟o̟m̟f̟o̟r̟t̟ a̟t̟ h̟o̟m̟e̟ f̟o̟r̟ 3-4 h̟o̟u̟r̟s̟/d̟a̟y̟ t̟h̟a̟t̟ i̟ g̟o̟t̟ f̟r̟o̟m̟ t̟h̟i̟s̟ a̟g̟e̟n̟c̟y̟ i̟ d̟i̟s̟c̟o̟v̟e̟r̟e̟d̟ o̟v̟e̟r̟ t̟h̟e̟ i̟n̟t̟e̟r̟n̟e̟t̟ a̟n̟d̟ t̟h̟e̟y̟ p̟a̟i̟d̟ m̟e̟ f̟o̟r̟ i̟t̟ 95 b̟u̟c̟k̟s̟ e̟v̟e̟r̟y̟ h̟o̟u̟r̟...        
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tyler_durden
tyler_durden

Good morning. In less than an hour, hipsters, soccer moms, ex-hippies, craft beer drinkers and other malcontents will join others from around the world. And you will be launching the largest aerial battle in this history of mankind.

Mankind -- that word should have new meaning for all of us today.

We can't be consumed by our petty differences anymore.

We will be united in our common interests.

Perhaps its fate that today is the 4th of July, and you will once again be fighting for our freedom, not from tyranny, oppression, or persecution -- but from republicans!.

Decatur is fighting for our right to live, to exist.

And should we win the day, the 4th of July will no longer be known as an American holiday, but as the day when the world declared in one voice: 

"Decatur will not go quietly into the night!

Decatur will not vanish without a fight!

We're going to live on!

We're going to survive!"

Today, we celebrate our Independence Day!

HowdyJune
HowdyJune

I like to think that we are also a nation of mercy.  Every Sunday, many of us go to church and sing "Jesus Loves Me" and "Jesus Loves the Little Children of the World" and then go out on Monday and don't show it.  I've met many of these people and listened to their stories.  Most have jobs so they are no burden to any of us.  I know of none involved in any criminal activity of any sort.  President George W. Bush tried to develop an immigration policy that would address this group, but failed.  We first need to define that policy.  Mr. Cagle is doing what is politically expedient and that is not necessarily the right thing.

DaveGorak
DaveGorak

Memo to Mr. Galloway:  Aren't you ashamed to be living in a "nation of laws" that no longer takes itself seriously?  Two-bit politicians at every level of government raise their hands and take an oath to uphold the law but then do just the opposite when confronted by those who have no respect for the law and our sovereignty. 

carolelynne
carolelynne

@DaveGorak  Memo to DaveGorak:  A nation of laws consists of adherence to the Constitution - specifically the 4th Amendment in this instance. Why do you not take the 4th Amendment seriously?

Libertylover
Libertylover

Why do you continue to cite the Southern Poverty Law Center as a source about any other organization? SPLC has been thoroughly discredited -- it labels as a "hate group" any organization that disagrees with SPLC. It's appalling the mainstream media continue to rely on SPLC claims about anything. Stop it.

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  1. […] political columnist Jim Galloway reported that the Immigration Enforcement Review Board handled 20 cases in six years, 19 of which were filed […]

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  2. […] Casey Cagle personally accuses Decatur of defying state immigration law […]

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  3. […] danger to our national security and public safety.” The group’s founder, D.A. King, has filed 19 of the 20 cases heard by state’s Immigration Enforcement Review Board, the same board that’s now in receipt of a complaint against the city of Decatur by Lt. Gov. […]

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