Definitions; Offense of Transporting or Moving Illegal Aliens; Exceptions; Penalties

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Offenses Against Public Order and Safety
  5. Offenses Involving Illegal Aliens
  6. Definitions; Offense of Transporting or Moving Illegal Aliens; Exceptions; Penalties

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  1. As used in this Code section, the term:
    1. "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.
    2. "Motor vehicle" shall have the same meaning as provided in Code Section 40-1-1.
  2. A person who, while committing another criminal offense, knowingly and intentionally transports or moves an illegal alien in a motor vehicle for the purpose of furthering the illegal presence of the alien in the United States shall be guilty of the offense of transporting or moving an illegal alien.
  3. Except as provided in this subsection, a person convicted for a first offense of transporting or moving an illegal alien who moves seven or fewer illegal aliens at the same time 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 for a second or subsequent offense of transporting or moving an illegal alien, and a person convicted on a first offense of transporting or moving an illegal alien who moves eight or more illegal aliens at the same time, 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. A person who commits the offense of transporting or moving an illegal alien who does so 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.
  4. This Code section shall not apply to:
    1. A government employee transporting or moving an illegal alien as a part of his or her official duties or to any person acting at the direction of such employee;
    2. A person who transports an illegal alien to or from a judicial or administrative proceeding when such illegal alien is required to appear pursuant to a summons, subpoena, court order, or other legal process;
    3. A person who transports an illegal alien to a law enforcement agency or a judicial officer for official government purposes;
    4. An employer transporting an employee who was lawfully hired; or
    5. A person providing privately funded social services.

(Code 1981, §16-11-200, enacted by Ga. L. 2011, p. 794, § 7/HB 87.)

Law reviews.

- For article, "State Government: Illegal Immigration Reform and Enforcement Act of 2011," see 28 Ga. St. U.L. Rev. 51 (2011). For note, "Deference Condoning Apathy: Social Visibility in the Eleventh Circuit," see 35 Ga. St. U.L. Rev. 777 (2019).

JUDICIAL DECISIONS

Standing.

- In a pre-enforcement constitutional challenge to sections 7 and 8 of Georgia House Bill 87, the Illegal Immigration Reform and Enforcement Act of 2011, in which Georgia officials appealed a district court's entry of a preliminary injunction enjoining enforcement of those two sections, an immigration attorney had standing to challenge section 7 because the attorney faced a credible threat of application of section 7. The attorney was a civil immigration attorney who alleged and declared that the attorney regularly transported undocumented immigrants to and from court hearings, met with immigrant clients in the attorney's law office, gave legal advice to undocumented immigrants who wished to remain in Georgia, and helped undocumented immigrants to enter Georgia for court business and hearings. Ga. Latino Alliance for Human Rights v. Governor of Ga., 691 F.3d 1250 (11th Cir. 2012).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Offenses arising from a violation of O.C.G.A. § 16-11-200 are offenses for which fingerprinting is required. 2011 Op. Att'y Gen. No. 11-5.


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