A Guide to Georgia Immigration Laws
At Quijano Law, our attorneys understand the complexities of immigration laws in Georgia and how they impact individuals, families, and businesses. Based in Atlanta, we stay updated on both federal and state immigration policies, ensuring that we provide legal strategies that align with the latest changes in immigration enforcement, relief options, and procedural updates. Immigration laws continue to evolve, and understanding them is crucial for those seeking legal residency, work authorization, or protection from deportation. This guide explores Georgia’s key immigration policies, enforcement approaches, and how they affect various aspects of life.
Core Policies and Approaches in Georgia’s Immigration Laws
Georgia enforces federal immigration laws, including the Immigration and Nationality Act and the Immigration Reform and Control Act,, while also implementing strict state-level policies that impact both documented and undocumented immigrants. These policies dictate law enforcement procedures, workplace requirements, and access to services.
Georgia’s Immigration Enforcement Policies
Unlike some states that limit ICE involvement, Georgia counties actively cooperate through:
287(g) Agreements in Georgia
Local law enforcement officers in Georgia receive training through the 287(g) Agreements in Georgia, allowing them to assist with federal immigration enforcement. This collaboration often results in a higher number of detentions and deportations.
ICE detainers & holds
Undocumented immigrants who are arrested, even for minor offenses, may be held beyond their scheduled release date to allow ICE to take custody.
No sanctuary policies
Georgia law prohibits cities and counties from enacting policies that would prevent cooperation with federal immigration authorities. This contrasts with states like California and New York, which have taken a more protective stance for undocumented residents.
Increased workplace raids
Georgia has seen a rise in workplace enforcement actions, with federal authorities conducting more audits and employer compliance checks to identify undocumented workers.
Expansion of local enforcement powers
Some counties have established specialized task forces focused on immigration compliance, adding another layer of enforcement beyond federal initiatives.
Criminal Charges and Immigration Consequences
In Georgia, even minor offenses can lead to immigration consequences:
Traffic violations
In some counties, traffic stops can lead to ICE notification if the individual is undocumented.
Misdemeanor convictions
Even a non-violent offense could result in an immigration hold, particularly in jurisdictions with 287(g) agreements.
Felony convictions
Serious offenses can lead to immediate deportation proceedings, making legal representation crucial.
Impact on visa renewals
Individuals applying for green cards or visa extensions may face delays or denials if they have pending criminal charges.
How Georgia Immigration Laws Affect Everyday Life
Georgia’s immigration policies extend beyond law enforcement and influence access to transportation, education, healthcare, and public services.
Driver’s Licenses and Identification
- Georgia does not issue driver’s licenses to undocumented immigrants, unlike some states that allow for limited driving privileges.
- DACA recipients may apply for a license, but since the future of DACA remains uncertain, those affected face an unpredictable legal landscape.
- Without a state-issued ID, individuals face difficulties opening bank accounts, securing housing, or even verifying employment eligibility.
- Some undocumented individuals resort to using alternative forms of identification, such as consular ID cards, though these are not widely accepted in all situations.
- Without a valid driver’s license, many undocumented immigrants cannot obtain car insurance, leading to financial and legal risks if involved in an accident.
Public Benefits and Healthcare Access
- Undocumented immigrants are not eligible for state-funded programs such as Medicaid, food assistance, or housing aid.
- Emergency medical care is accessible under federal law, but preventative or non-urgent treatment options remain limited for those without legal status.
- Some local nonprofit organizations provide healthcare services to immigrant communities, but resources can be scarce.
- Due to restrictions on healthcare access, many undocumented individuals rely on community health clinics, free medical programs, or emergency room visits for treatment.
- The stress of immigration status uncertainty can contribute to mental health issues, yet many immigrants lack access to mental health services.
Higher Education and Tuition Policies
Admissions Restrictions
University System of Georgia admission restrictions prevent undocumented students from attending Georgia’s top public universities, including the University of Georgia and Georgia Tech. This is due to the University System of Georgia Board of Regents' Policy 4.1.6, which states that institutions unable to accommodate all academically qualified applicants in the previous two years cannot admit undocumented students.
Out-of-state tuition barriers
Students who gain admission to other public institutions must pay out-of-state tuition, making education cost-prohibitive for many.
No in-state tuition benefits
Unlike Texas and Florida, Georgia does not offer in-state tuition benefits to undocumented students.
Limited private scholarship opportunities
Some private institutions provide scholarships for undocumented students, but options remain limited.
Career limitations
Even with degrees, undocumented students may be ineligible for professional licenses or jobs requiring work authorization.
Work and Business Restrictions for Immigrants in Georgia
- E-Verify compliance is required for businesses with 10 or more employees, meaning employers must confirm the work authorization of new hires.
- Industries such as agriculture, construction, and hospitality rely on immigrant labor, making these regulations a significant concern for business owners.
- Many employers hesitate to hire foreign-born individuals due to the risk of legal repercussions.
- Temporary worker programs such as H-2A agricultural visas are commonly used by Georgia employers, but these programs have strict requirements and limitations.
- Workplace discrimination risks: Some immigrants face unfair labor practices, wage theft, or unsafe working conditions due to their immigration status.
Comparing Georgia’s Immigration Laws to Other States
Georgia has some of the toughest immigration enforcement policies in the U.S. compared to states that provide more protections for undocumented residents. Examples include:
- Law enforcement and ICE cooperation — Many Georgia counties actively collaborate with ICE, increasing the risk of detention and deportation for undocumented residents.
- No state-level legal protections — Unlike some states that provide state-funded legal aid or driver’s licenses to undocumented residents, Georgia has no statewide protections for immigrants.
- Higher education barriers — Undocumented students face significant challenges accessing college education.
However, despite its strict policies, Georgia has a large and growing immigrant population that contributes significantly to the state’s economy. Consider the following:
- Atlanta’s role as a welcoming city — The city of Atlanta has policies that support immigrant communities, including local programs for legal aid and workforce integration. Additionally, certain counties have moved away from strict ICE cooperation, although they remain exceptions.
- Immigrant business ownership — Georgia has a thriving immigrant-owned business sector, particularly in industries like hospitality, retail, and professional services. Metro Atlanta is also a hub for high-skilled immigrant workers, especially in technology and healthcare.
When compared to other states, Georgia’s immigration laws make it:
- Less immigrant-friendly than California, New York, and Illinois, which have state-level protections.
- More immigrant-friendly than Alabama or South Carolina, where even harsher restrictions exist.
- On par with Texas and Florida, both of which enforce strict immigration laws while benefiting from a strong immigrant workforce.
How Immigrants Can Qualify for Legal Residency in Georgia
Residency and green card eligibility under Georgia immigration law follows federal immigration law, with these primary paths in place:
- Family- and marriage-based green cards – U.S. citizens and permanent residents can sponsor family members for legal residency, and green cards can also be obtained through marriage.
- Employment-based green cards – Georgia businesses hire many foreign workers through H-1B, L-1, and EB-3 visa programs.
- Asylum and refugee status – Asylum seekers in Georgia can apply for a green card after one year if their asylum claim is approved.
- Deferred Action for Childhood Arrivals – DACA recipients can apply for other legal pathways if available, but DACA itself does not provide residency.
- Temporary Protected Status (TPS)– Individuals from designated countries facing ongoing conflict or natural disasters may qualify for TPS, which provides temporary protection from deportation and work authorization but does not directly lead to permanent residency.
- Diversity Visa Lottery – Some immigrants from underrepresented countries can obtain a green card through the Diversity Visa Program.
2025 Georgia and Federal Immigration Law Updates
The new presidential administration, beginning in January of 2025, has enacted sweeping changes to federal immigration policy, directly affecting Georgia’s immigrants. These changes include the following:
Deportation and enforcement priorities
The federal government has increased deportations of undocumented immigrants, with a primary focus on individuals with criminal histories or gang affiliations. Additionally, more ICE workplace raids and detentions are expected in Georgia’s industries.
Stricter asylum policies
The administration reinstated the “Remain in Mexico” policy, requiring many asylum seekers to wait outside the U.S. while their cases are processed. Georgia-based asylum seekers also now face higher risks of detention.
Termination of immigration parole programs
Humanitarian parole programs for Cubans, Haitians, Venezuelans, and Nicaraguans were eliminated, affecting thousands in Georgia.
Termination of TPS for Venezuelans Under the 2023 Designation
The administration has announced the termination of Temporary Protected Status (TPS) for Venezuelans designated in 2023. TPS holders will need to explore alternative legal pathways as protections phase out.
Expanded border security measures
New restrictions on visa processing and border entry will likely decrease the number of new immigrants arriving in Georgia.
Meanwhile, state-specific changes have included:
Passing of the Laken Riley Act
Georgia lawmakers supported this new law, which requires mandatory detention of undocumented individuals charged with certain crimes.
Stricter E-Verify laws proposed
A bill in the Georgia legislature seeks to expand mandatory E-Verify requirements for public and private employers.
For the future, it’s been projected that Georgia will likely continue aligning with federal efforts to increase removals and workplace crackdowns. Also, ongoing legal battles are expected, as immigrant rights groups in Georgia are challenging some policies in court.
Why You Need a Dedicated, Experienced Georgia Immigration Attorney
- Legal assistance is critical – Georgia’s immigration laws and enforcement policies mean immigrants need to seek professional legal help from those who work in the field and know all its difficulties and nuances.
- Immigration cases in Georgia courts are challenging – Georgia’s immigration judges have some of the highest asylum denial rates in the country, making effective counsel essential.
- Changing federal laws will continue to affect Georgia – Given frequent federal immigration shifts, legal status for many Georgia immigrants remains uncertain.
Services Our Immigration Lawyers Provide
Our experienced team can assist individuals and families in Georgia with navigating the complicated immigration laws and legal requirements. We are adept at:
- Family-based immigration
- Deportation defense
- Naturalization and citizenship assistance
- Humanitarian relief
- Waivers and appeals
- Employment-based immigration
- Investment-based immigration
Contact Quijano Law Today
If you need help understanding Georgia immigration laws and how they may apply to your situation, reach out to our dedicated attorneys and we can assess your case and help you determine your next steps.
