Georgia immigration law takes effect July 1!

[GoDawgs]

http://www.gainesvilletimes.com/news/st ... 1198.shtml

As the state immigration law takes effect July 1, 'people don't understand what's going to change'

By RICK LAVENDER
The Times
GAINESVILLE

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Scott Rogers The Times
David Kennedy, above, an immigration attorney in Gainesville, speaks Thursday night at St. Michael's Catholic Church during the special meeting designed to explain Georgia's stricter immigration laws.



Scott Rogers The Times
Some 160 Latino men and women attended the meeting.



Scott Rogers The Times
Gainesville immigration attorney David Kennedy answers questions at St. Michael's Catholic Church Thursday night about the July 1 start of stricter Georgia immigration laws.



Tom Reed The Times
Jose Diaz steers his cab down Atlanta Highway. Diaz, who owns the Fiesta Cab Co., has seen a slowdown in his business recently from what he thinks are concerns about immigration law changes.




Security and Immigration Act/at a glance

Highlights and timing of the 2006 law:


Public employers, or governments, and contractors and subcontractors that work for them must verify newly hired employees' eligibility to work in the U.S. via the federal Employment Eligibility Verification/Basic Pilot Program. All governments and agencies must comply July 1. Contractors and subcontractors with 500 or more employees and doing business with public employers must also comply July 1. Other contractors and subcontractors will be phased in: Those with 100 or more workers on July 1, 2008, and the remainder, regardless of size, on July 1, 2009.

Human trafficking is defined and, effective July 1, those convicted of it will be guilty of a felony and sentenced from one to 20 years. Offenses involving minors 18 and younger will require a prison sentence of 10 to 20 years.

The state Public Safety commissioner is directed to establish a memorandum of understanding between the state and the U.S. Justice Department or Department of Homeland Security concerning the enforcement of federal immigration law in the state. The commissioner will designate officers for training in accordance with the agreement (as federal funds are available). They will be authorized to enforce federal immigration law.

Starting July 1, jailers must try to determine the nationality of anyone booked for a felony or DUI. If the person is a foreign national, the jailer or officer must then try to verify his legal status (within 48 hours through Homeland Security if the suspect does not have the needed documents). Any not legally in the U.S. must be reported to Homeland Security.

People unauthorized to provide immigration services -- the target group is notarios -- face fines up to $1,000 if they do after July 1.

Starting Jan. 1, employers cannot claim state tax deductions for payments of $600 or more to people who Homeland Security does not list as having valid IDs. The requirement does not apply to those hired before Jan. 1.

Governments must verify the lawful presence of anyone 18 or older applying for state or local benefits, or federal benefits administrated by the government or agency, as of July 1. Exemptions include emergency medical treatment, disaster relief, immunizations for communicable diseases, soup kitchens and short-term shelters, pre-natal care and post-secondary education (although school policies have to track federal law). Applicants must fill out an affidavit. The eligibility of aliens who say they're lawfully in the U.S. will be checked through Homeland Security's Systematic Alien Verification of Entitlement (SAVE), or a successor program. The affidavit is deemed as proof until checked. Knowingly making false statements can mean a felony conviction and fines up to $1,000.




Carmen Adame called to worshippers leaving St. Michael's Thursday evening mass: Come find out more about state immigration law changes.

Minutes later, Gainesville immigration attorney David Kennedy spoke in Spanish to the some 160 people who filled most of the folding chairs in the room across from the sanctuary. Latino men and women listened, arms folded, children in their laps.

A similar meeting last month at the Catholic church on South Enota Drive packed the hall.

The interest belies rising worry among immigrant populations as Congress debates national reform and the July 1 start of stricter Georgia immigration law draws near.

Critics and supporters of the Security and Immigration Compliance Act lawmakers passed in 2006 seem to agree on one thing: it largely repeats federal law.

But because federal enforcement is considered lax at best, the new Georgia requirements that range from contractor hiring practices to background checks of criminal suspects are worrying some in immigrant-rich areas such as Hall County, where a fifth of the population is foreign-born and a fourth is Latino.

Fiesta Cab owner Jose Diaz said people are saving money, traveling less and talking about leaving the state and even the country. His business is suffering for it. A sun-faded paper sign in the window of his Atlanta Highway office and companion clothes store, Fiesta Latina, advertises for cab drivers.

"This is the first time I put that outside," Diaz said.

The uncertainty means fewer customers. "Now, everybody's taking a taxi only when it's really necessary," he said.

Rumors, fears high

Rumors are running thick. And wild. Latinos who cannot prove they are here legally will lose their jobs and be herded into camps. Hispanic high school students have no hope at higher education.

The Rev. Fabio Sotelo of St. Michael, a largely Latino congregation of some 4,500 families, said fear is "very high."

So is misunderstanding. The impact of the state law is unclear and federal debate only muddles the issues, said Diaz's wife, Cheryl.

"I think there's so much talk, people don't really understand what's going to change," she said.

Opponents of illegal immigration see the spotlight on what is commonly called Senate Bill 529 as helpful. D.A. King, founder of the anti-illegal aliens Dustin Inman Society, said the law has made Georgia less hospitable to those living here without permission.

As for talk of any leaving the state, "It's obviously having the effect that was intended," King said.

Key requirements in the legislation championed by state Sen. Chip Rogers, a Woodstock Republican, include:


Governments, including cities and counties, and the contractors that do business with them must take part in a federal program verifying the legal status of new employees. All governments, plus contractors with 500 or more employees, must begin using the Department of Homeland Security system July 1. King said federal law already bars hiring illegal aliens.

Jailers must check the nationality and legal status of people booked on DUI or felony charges as of July 1. Suspects in the U.S. illegally must be reported to Homeland Security. The Hall County Detention Center has been doing this for three to four years, Maj. Jim Ash said.

Anyone 18 or older and requesting public benefits as of July 1 must sign an affidavit declaring their eligibility. Exemptions for emergency, prenatal care and immunizations will soften the impact. Documentation also has been required of Medicaid applicants since last year.
Edie Parsons, program manager for the Hall County Health Department and District 2 Public Health, said the change will probably only effect adult care for such things as hypertension and diabetes.

Avoiding the test case

That limited reach, lack of enforcement provisions and the foray into federal territory is why Jerry Gonzalez calls the law "political posturing" that will cause chaos, abuse and lawsuits.

"Essentially, it declared open season on immigrants," said Gonzalez, executive director of Georgia Association of Latino Elected Officials.

Other portions of the law are debate-free: provisions that bar human trafficking and people such as notarios from providing immigration services.

King, of Cobb County, is not predicting any seismic changes a week from today. "The only thing that 529 does is insist that all concerned obey the federal law," he said.

The due date has some local governments scrambling, however. Gainesville already checks citizenship on new employees. But city officials began reading up on the new requirements this week, and making plans to add affidavits to contractor packages.

The issue will be a talker at the annual Georgia Municipal Association convention this weekend in Savannah.

Association of County Commissioners of Georgia has advised county governments "to make sure their obligations are covered," said Kem Kimbrough, the group's deputy general counsel.

"Nobody wants to be the test case," he said.

Gwinnett County commissioners will consider an ordinance Tuesday mandating that contractors and their subcontractors verify employees' legal status, according to media reports. Violators could lose county contracts.

Business, policing debated

How far to go is a question.

On Monday, the state Labor Department posted rules on complying with the new employment law. A media release on the department's position late Friday clarified, in part, use of the phrase "on or after July 1" as the compliance deadline listed in the rules. The paper simply says "on," as does the state law.

The balancing act includes businesses. Even as waves of opponents cry "no amnesty," Georgia business leaders have teamed to pressure the state's two U.S. senators to back an embattled immigration bill stalled in the Senate. The vice president of poultry giant Pilgrim's Pride chairs the Georgia Employers for Immigration Reform coalition, according to media reports.

On another front, some counties are pursuing authorization and training to enforce federal immigration law. The state law directs Public Safety to strike a so-called memorandum of understanding with Homeland Security. But under an older federal provision, a few counties including Hall Sheriff's Office have pushed ahead.

Hall Maj. Jeff Strickland said his department is in the approval process and hopes to train two gang task force investigators and about eight detention center employees. Those officers can then place holds on illegal immigrants and access Immigration and Customs Enforcement (ICE) databases, Strickland said.

King calls this provision "the most feared part of the (state) law."

'No reason to move'

What immigration attorney Kennedy fears is that law enforcement officers will go beyond the law. He said some might target people by their ethnicity and run background checks on Latino family members who report problems. One result, Kennedy said, is that groups already wary of police may further avoid contact with officers, eroding crime-fighting in communities.

Another concern is that the federal worker eligibility systems are not always accurate.

But his assessment is there is no reason to panic. Unless you get arrested, Kennedy said, the changes are insignificant.

"There's no reason to pick up and move your family," he said. "They're not going to be affected that much."

The mood at St. Michael seemed more somber Thursday. Prayers during mass mirrored a day of prayer in Atlanta for immigration reform.

The Rev. William Canales, who led the mass at St. Michael, said he prayed for human dignity and justice. "That they recognize that they're hard working. That they don't come to take nobody's place. That they come to feed their children," Canales added, speaking through an interpreter.

On the floor above Canales' sparse, white-walled office, Carmen Adame and others distributed information sheets from GALEO about the state law. Details covered questions such as what to do if stopped without a driver's license and whether to send children to school.

There was a section titled "Preparing for a Possible Amnesty." A sheet of clip-out cards declaring the holder does not want to speak to authorities and requests a lawyer before answering questions. The strategy is one Kennedy advised.

Adame said she and other volunteers have formed a committee to help inform immigrants.

The name of the group is Traveling Together, the Gainesville woman said.

Members had a receptive audience Thursday.

Contact: rlavender@gainesvilletimes.com; (770) 718-3411.


Originally published Sunday, June 24, 2007

[JadedBaztard]

"Essentially, it declared open season on immigrants," said Gonzalez, executive director of Georgia Association of Latino Elected Officials.

No dumbass, we are declaring war on ILLEGAL ALIENS!

[Rockfish]

Rumors are running thick. And wild. Latinos who cannot prove they are here legally will lose their jobs and be herded into camps. Hispanic high school students have no hope at higher education.

To Bad!! Illegal means illegal. What part of that do you not understand?