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Georgia Senate OKs compromise on illegals
Earliest provisions won't kick in until 2007

By JIM THARPE , CARLOS CAMPOS
The Atlanta Journal-Constitution
Published on: 03/28/06
The Georgia Legislature's attempt to confront illegal immigration moved toward final passage Monday, even as the national debate on the issue grew louder.

The state Senate approved the Georgia Security and Immigration Compliance Act on a 39-16 vote after a six-member House-Senate conference committee ironed out their chambers' differences. The House adjourned Monday without voting on the compromise, but was expected to approve it before the Legislature adjourns this week.

Also Monday, state Labor Commissioner Michael Thurmond, a Democrat, complained the Republican-dominated Legislature had inadvertently created an "amnesty program" for illegal immigrants now on the payroll of companies that hold public contracts.

Republicans denied that charge and said the bill is the best that can be accomplished in this election-year session.

"I'd like to solve this problem overnight," said state Sen. Chip Rogers (R-Woodstock), who wrote the now 13-page bill. "But it took 30 years to get here, and we're not going to solve it overnight. This is a multi-year process."

Rogers' plan, Senate Bill 529, would target illegal immigrants and the people who employ them. There are an estimated 250,000 to 800,000 illegal immigrants in Georgia, and no one can say with precision what impact they have on everything from schools to prisons to the health care system.

Lawmakers on Monday deleted a section of the bill that would have imposed a 5 percent fee for illegal immigrants wiring money out of the country because they feared it could not withstand legal scrutiny. They also delayed the trigger date for some of the earliest provisions until July 1, 2007. And they nixed a section that Thurmond wanted to check the legal status of current workers at companies with taxpayer contracts.

Under the altered proposal, companies with public contracts would have to use a federal verification program to determine the status of new hires only.

"That means if you're an undocumented worker who is working now, then this legislation would have no impact on you," Thurmond said.

Legislators added a provision that would require employers to withhold a 6 percent tax from "contract workers" who are unable to provide a taxpayer identification number or Social Security number. The money would go to state government.

The portion of the bill which affects private employers does not kick in until 2008, which means the first enforcement could not take place until 2009. Employers would be required to keep documents indicating an employee is legally in the country if the employer claims an employee's wages as a state income tax deduction.

Rogers said he wanted an earlier trigger date, but the farming and business lobby persuaded him and other lawmakers to push it back. "While some of these dates are a couple of years into the future, we are sending a message that in Georgia you have a little time, but you need to get in compliance with the law," Rogers said. "This notion that we get to pick and choose which laws we get to obey, hopefully that's coming to an end."

Georgia's bill headed for final approval as the issue reached a critical mass at the federal level, where Congress is debating a crackdown that would supercede anything the states pass.

Rogers and other supporters have said one goal is to pressure the federal government to deal with the issue. They blame the federal government for failing to enforce the borders or laws that were set up more than a decade back to crack down on immigrants who unlawfully entered the country.

"The message needs to be sent that Georgia is serious about this issue," Rogers said.

The National Conference on State Legislatures noted that as of late February lawmakers in more than 40 states had introduced more than 350 bills related to immigration.

State Sen. Sam Zamarripa (D-Atlanta) urged Gov. Sonny Perdue to delay signing the bill into law to give Congress time to act.

"All this does is create a lot of fear in a community that is simply here to work," said Zamarripa, who voted against the bill.

Perdue has publicly stayed out of the legislative debate, but is expected to sign the bill.

Heather Hedrick, a spokeswoman for Perdue, said he will review SB 529 during the 40-day period after the session ends during which bills are considered for approval by the governor.

"Before the session started, Governor Perdue said that illegal immigration is a problem in Georgia," Hedrick said. "And while it is primarily a federal responsibility, there are some actions that we can take on the state level."