Georgia lawmakers passed a bill early Friday that would allow property owners to file claims against local governments if they believe policies banning public camping and requiring cooperation with federal immigration authorities were not enforced.
If Republican Gov. Brian Kemp signs the bill, individuals could demand compensation from local governments for alleged lost property value or expenses stemming from failures to enforce policies such as bans on public camping, loitering, panhandling, and bans on sanctuary policies limiting cooperation with federal immigration authorities.
What the Left Is Saying
Democrats and homelessness advocates strongly oppose the measure, arguing it would lead to increased arrests of homeless individuals who have nowhere else to go and result in frivolous lawsuits paid for by taxpayers.
Georgia state Sen. Josh McLaurin, a Democrat, called the bill "nuclear bad policy" and said it would be difficult to prove in court whether someone's property value declined because of unenforced immigration or homelessness policies. "What you're inviting is a bunch of court cases where homeowners who are aggrieved at the local government can come make spurious claims about causation and have essentially a circus in court, which wastes judges' time, it wastes juries' time," McLaurin said.
Jesse Rabinowitz, campaign and communications director with the National Homelessness Law Center, called the bill ineffective, cruel, and said it would make it harder to solve homelessness. "It's also a thinly veiled attempt by lawmakers to score cheap political points on the backs of immigrant communities," Rabinowitz said.
What the Right Is Saying
The bill's sponsor, Athens Republican Rep. Houston Gaines — who is also a U.S. House candidate — said it is important to hold cities accountable for enforcing the law and that business owners and homeowners should not have to spend money because a locality fails to clean up encampments.
"Allowing illegal encampments, theft and disorder to flourish is not kindness," Gaines said. "It's neglect."
Republican state Sen. Clint Dixon said when local governing authorities choose ideology over enforcement, it sends a message that laws are optional, and when laws are optional, public safety suffers.
What the Numbers Show
The bill stems from a 2024 Georgia law that mandates local law enforcement cooperate with federal authorities to identify and detain immigrants in the U.S. illegally, or else lose state funding.
The legislation includes provisions written by the Cicero Institute, a conservative think tank based in Texas that has been pushing encampment ban policies across the country.
The bill passed both chambers after Republicans advanced it last year following an incident where a man was crushed inside his tent during a homeless encampment clearing in Atlanta.
The Bottom Line
The bill now goes to Governor Brian Kemp, who has not indicated whether he will sign it into law. If enacted, the legislation could fundamentally change how local governments manage homeless populations and enforce immigration policies, potentially exposing cities to significant legal liability. Opponents argue it would funnel money away from housing solutions and toward legal battles, while supporters say it ensures accountability for local governments that fail to enforce existing laws. Justin Kirnon of the Atlanta city government said at a committee meeting that the bill would essentially turn the city's general fund "into a refund pool for any property owner that is dissatisfied with law enforcement's outcomes."