New state law on illegal immigrants looks strict, but is it a real crackdown?

By BRIAN FEAGANS, MARYLOU PICKEL, ANNA VARELA
The Atlanta Journal-Constitution
Published on: 06/30/07
Even though an overhaul of the nation's immigration laws collapsed in Washington, Georgia's crackdown takes effect Sunday.

Supporters say the new state law, known as SB 529, is one of the toughest to confront illegal immigration, an issue that has bedeviled lawmakers nationwide. Advocates in Georgia's Hispanic community say the law could drive away workers and hurt the state's economy. Others say it doesn't go far enough and will only scare — not snare — people who are in the country illegally.

EMPLOYMENT

• The law: Contractors and subcontractors who have 500 employees or more and work on public projects must run new hires through a federal database to make sure they can work here legally. By 2009, all contractors and subcontractors working on public jobs will have to use the database.

• Reality check: The law outlines no penalties for companies that fail to comply, and the Georgia Department of Labor says it will conduct random audits — if the Legislature sets aside money. But it's possible those who make false statements could be punished under another section of Georgia law.

HIGHER EDUCATION

• The law: An attorney for the Board of Regents says federal law likely bars illegal immigrants from receiving in-state tuition waivers.

• Reality check: Immigrant advocates have protested, noting that 10 states have found a way to grant in-state tuition to high school graduates who are in the country illegally.

PUBLIC BENEFITS

• The law: The state and cities can't provide welfare unless recipients swear they are here legally and the agency runs their name through a federal database. There are several benefits that people can still receive regardless of immigration status, including emergency room care, immunizations to prevent infectious diseases, and access to soup kitchens and crisis counseling.

• Reality check: Many welfare programs, such as food stamps and public housing, are federally funded. Federal law already denies most benefits to illegal immigrants.

LAW ENFORCEMENT

• The law: Jailers must try to determine the nationality and legal status of those charged with DUI or a felony. If they find a suspected illegal immigrant, jailers notify federal immigration authorities.

• Reality check: A person's nationality or legal status may not prevent him or her from bonding out of jail if the feds don't call in time and ask that the person be held on immigration violations.

STATE WITHHOLDINGS

• The law: Independent contractors usually get their whole paycheck tax-free and pay their taxes later. Now, employers will have to withhold state income tax from contractors whose workers can't provide certain tax ID information.

• Reality check: Employers would be penalized only if the state Department of Revenue audited their business.

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