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  1. #1
    Administrator Jean's Avatar
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    Atlanta seeks to make immigration-related complaint ‘moot'

    11:29 p.m. Monday, March 26, 2012

    By Jeremy Redmon

    The Atlanta Journal-Constitution

    Atlanta officials on Monday asked a state immigration enforcement panel to hold off on pursuing a complaint targeting the city, saying they are preparing to repeal an ordinance that triggered it.

    The complaint says a city ordinance violates a new state immigration enforcement law by allowing people to use Mexican matricula consular ID cards in city government transactions. New Georgia law says city officials may not accept such ID cards when people apply for public benefits.

    Anti-illegal immigration activist D.A. King filed the complaint in February with the Immigration Enforcement Review Board. That panel is empowered to crack down on state and local officials who fail to enforce Georgia's anti-illegal immigration laws.

    In its written response to the complaint Monday, Atlanta officials said the City Council adopted the ordinance in 2004, about seven years before Georgia enacted its new immigration enforcement law, also called House Bill 87. The ordinance was not “formally incorporated” into the city’s code of ordinances and is preempted by the uniformity clause of the state Constitution, Atlanta officials said in their response.

    Last week, Councilman H. Lamar Willis introduced a measure to repeal the ordinance, city officials said, and that issue is expected to come before the council for a vote on April 16. Repealing the ordinance would make the complaint “moot,” the city said in its response.

    An Atlanta spokesman said this month that city employees "who handle public benefits have been trained on what is an acceptable form of ID and the matricula consular is not one of them." The matricula consular card is issued to Mexican nationals by the Mexican government through its consulate offices and is not related to the holder's immigration status.

    Ben Vinson, chairman of the Immigration Enforcement Review Board, said in an email Monday that he had received the city’s response but had not yet reviewed it.

    Vinson's seven-member panel has the power to investigate complaints filed against city, county and state officials, hold hearings, subpoena documents, adopt regulations and hand out punishment. That punishment could include loss of state funding for government agencies and fines of up to $5,000 for officials who "knowingly" violate the laws.

    The board stems from HB 87, much of which went into effect July 1. Deal signed the measure into law in May. The panel's members were appointed by Deal, Lt. Gov. Casey Cagle and House Speaker David Ralston, all Republicans.

    Atlanta seeks to make immigration-related complaint ‘moot' *| ajc.com
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  2. #2
    Senior Member HAPPY2BME's Avatar
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    RELATED ATLANTA News ..

    City responds to immigration violation complaint
    KATE BRUMBACK
    Associated Press

    ATLANTA — The city of Atlanta on Monday asked a new state panel charged with ensuring public employees and agencies comply with state laws on immigration to delay action on a complaint filed against the mayor and city council members.

    The city said it needs time to address the issue raised in the complaint.

    The complaint was filed with the Immigration Enforcement Review Board last month by anti-illegal immigration activist D.A. King. It said a city ordinance adopted in 2004 violates a new state law targeting illegal immigration by recognizing a Mexican ID card, known as a matricula consular, for city government transactions. The city's response, obtained by The Associated Press, says the city has taken steps to fix that.

    It was the first complaint the board had received since its creation late last year.

    The matricula consular is an identification card issued by Mexican consulates to Mexican citizens in other countries. The Georgia law says agencies that administer public benefits must require applicants to submit a secure and verifiable form of identification proving eligibility, and it specifically says a matricula consular is not acceptable.

    The city's response says the city did not knowingly and willfully violate the law since the ordinance in question was enacted before last year's law took effect. The city's response also says that a city councilman last week introduced a new ordinance to repeal the 2004 ordinance.

    The city lawyers say the city council is likely to vote on the new ordinance next month and ask the board to postpone any initial hearing or other action until the city has had a chance to take actions to repeal the 2004 ordinance. It noted that any repeal would "render the Complaint moot."

    King is founder of the Dustin Inman Society, which advocates for stricter enforcement of immigration laws.

    "I am very gratified that they have recognized their error and are taking steps to fix it," said King, who hadn't yet seen the response.

    The Immigration Enforcement Review Board was created by last year's new law.

    The seven-person panel has the power to investigate complaints, hold hearings, subpoena documents and witnesses and take disciplinary action. If the board finds a "knowing and willful violation or failure to enforce an eligibility status provision," a public employee or agency could be removed from the list of qualified local governments, lose state funds, and could be ordered to pay a fine between $1,000 and $5,000.

    Board chairman Ben Vinson did not immediately respond to an after-hours email seeking comment Monday. He outlined the complaint process at the board's meeting earlier this month and said the process could end with the written response to a complaint if the person or agency that was the subject of the complaint demonstrates that the complaint is not true or that remedial action has been taken.

    savannahnow.com | Savannah Morning News
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