The forms of identification include:(1) A secure and verifiable document as defined in Code Section 50-36-2;(2) A valid Georgia driver’s license;(3) A valid Georgia identification card issued by the Department of Driver Services;(4) If the entity requires proof of legal presence in the United Statesbefore issuance, any valid driver’s license from a state or district of theUnited States or any valid identification document issued by the UnitedStates federal government;(5) A document used in compliance with paragraph (2) of subsection (a)of Code Section 40-5-21; or(6) Other information as to the suspect’s identity that is sufficient toallow the peace officer to independently identify the suspect.O.C.G.A. § 17-5-100(b). HB87 in effect requires all individuals in Georgia to carrya state-approved identity document in order to avoid extended questioning each timethey encounter law enforcement.
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address the “very serious problem of illegal immigration in the State of Georgia.”(Debt. on HB87 Before the Georgia Senate (April 14, 2011); Lauterback Decl., Ex.B.)Section 8 of HB87 authorizes Georgia law enforcement officers to investigatethe immigration status of criminal suspects where the officer has probable cause tobelieve the suspect committed another criminal offense. O.C.G.A. § 17-5-100(b).The suspect may show legal immigration status by providing one of five types of identification.
If, however, the suspect fails to present one of the five listed forms of identification, the officer may use “any reasonable means available to determine theimmigration status of the suspect.” O.C.G.A. § 17-5-100(c). If the officer determines
Case 1:11-cv-01804-TWT Document 93 Filed 06/27/11 Page 2 of 79