State Governments and Preemption

The Georgia General Assembly has passed a bill that would let property owners sue cities and counties if they believe local officials failed to enforce bans on public camping, loitering, panhandling or on so‑called sanctuary policies limiting cooperation with federal immigration authorities. Approved in the early hours of Friday, April 3, the measure allows owners to seek compensation for alleged lost property value or other costs they attribute to encampments or non‑enforcement, and a late amendment lets plaintiffs ask courts to order local governments to comply with state anti‑sanctuary rules. Sponsor Rep. Houston Gaines, an Athens Republican and U.S. House candidate, says the bill is needed to "hold cities accountable" so businesses and homeowners are not stuck paying to address homeless camps. Democrats, homelessness advocates and some local officials argue it will push police to arrest people who have nowhere to sleep, flood courts with hard‑to‑prove claims and effectively turn municipal general funds into "refund pools" for dissatisfied property owners. With a 2024 state law already requiring local law enforcement to work with federal immigration agencies, this bill would further clamp down on Georgia cities that try to take a more service‑oriented or less punitive approach to homelessness and immigration enforcement, a model that conservative groups are promoting for adoption in other states.