Thread: Georgia starts tough law on illegals

Georgia starts tough law on illegals

Vicky Eckenrode | Sunday, July 1, 2007 at 12:30 am
ATLANTA - On the heels of another defeat for national reform of illegal immigration policies, Georgia's own response goes into effect today.

Senate Bill 529, adopted with much debate and fanfare a year ago, is designed to slowly start adding new requirements for verifying workers' citizenship status and cracking down on those who prey on illegal immigrants.

Although Georgia received national attention for being the first state to move ahead on its own while Congress remained deadlocked on illegal immigration, SB 529 actually makes few sweeping changes initially.

Starting Monday, large companies wanting to do business with local or state government agencies will have to show they have registered to use the federal Employment Eligibility Verification Program, an online database run by the federal Citizenship and Immigration Services.

Also known as the Basic Pilot Program, the consult is free for employers who will be required to check the status of any new workers hired after today and determine whether their Social Security numbers are valid.

During the first year SB 529 is in effect, only companies with 500 employees or more will be required to participate if they want to bid on government contracts in Georgia.

As it gets phased in, all contractors and subcontractors working with the state or local governments will be required to enroll after July 2009.

The Georgia Department of Labor recently outlined how it will implement the verification rules, but Commissioner Michael Thurmond said there has been little response from the contracting and building communities that have been preparing for the new law.

"Many have already participated voluntarily, especially the larger employers, which will be this first group," Thurmond said. More than 500 Georgia companies already are participating in the verification system, based on a recent check.

"We have been requiring growers to join the program," said Dawson Morton, an attorney for the Migrant Project of Georgia Legal Services Program. He represents farm workers with legitimate visas fighting against farmers wanting to pay lower wages to undocumented workers and said the verification issue often comes up.

"We were just in court two weeks ago for a contempt proceeding with a grower who refused to join it," Morton said.

Thurmond said some questions still remain about the new law's verification requirements, including whether major companies based outside the state will have to comply if they have fewer than 500 workers in Georgia now. Thurmond said he would not be surprised if legislators revisit it to add more measures on the enforcement end of the law.

"The legislation did not speak to that particular aspect of it," he said. "We proposed a system of random audits, but that was not funded. Hopefully, in the future, that will be."


Municipalities affected

Local governments also will be expected to verify new employees through the federal system. The level of awareness about that rule, however, varies around the state.

Chatham County Administrator Russ Abolt said he had not been notified about the requirement and was unaware of it. However, county administrators in both Richmond and Clarke counties said last week they are preparing to enroll.

Access to health care also could change for illegal immigrants in Georgia, but only for some services.

SB 529 makes people prove they are in the country legally before they can receive state-funded benefits.

But no one can be turned away from hospital emergency rooms for care, under federal law, and Georgia legislators included several exemptions in the bill for children and pregnant women.

Communicable diseases also can be treated because of public health concerns. And those who pay the full amount for services without receiving subsidized care do not have to show their legal status.


Hispanics confused

The exceptions have caused many in the state's Hispanic communities to avoid doctors altogether out of confusion, said Danny Vincent, executive director for HealthSTAT, a student-led nonprofit health group.

"The main services that are going to be affected are adult, primary and chronic care, mostly ongoing conditions such as diabetes and high blood pressure," she said.

Vincent said HealthSTAT and other groups have been preparing for the new law by asking county health departments and state officials to distribute pamphlets to patients and by making sure the law is being interpreted the same at all facilities.

While the next few days might not bring noticeable changes to the general public because the law is new, one thing SB 529 has accomplished is casting Georgia as serious about addressing illegal immigration.

"It sends a strong message," said Sen. Chip Rogers, R-Woodstock, who crafted the law. He said he already has been contacted by representatives of 20 states asking about the legislation.

That interest is sure to rise now after the U.S. Senate on Thursday scuttled this year's illegal immigration bill, which would have created a guest worker program and set up a system to offer citizenship eventually to the estimated 12 million illegal immigrants now living in the country.

The weakness of the national bill means more state and local measures will be pitched, Rogers predicted.

"You'll see states and local governments taking action because of the failure of the federal government," he said.

Georgia's enacting of SB 529 already has spread a reputation for the state as an unfriendly destination for illegal immigrants, said Xionara Corpeno, director of organization for a pro-immigrant group based in Los Angeles who was in Atlanta last week protesting.

"Georgia is one of the toughest states in terms of local and state policies against immigrant civil rights," she said.


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SB 529: The Georgia Security and Immigration Compliance Act

Portions of the state's illegal immigration law take effect today. Here are the new measures:

Verification of Residence

Requires that entities verify legal U.S. residence for local, state or federal benefits administered by a state agency or a political subdivision of the state where residence is a requirement and where the individual requesting benefits is older than age 18.

Exempts prenatal and emergency care (same exemptions as federal exemptions for residence verification).

Requires that all individuals receiving state benefits sign one of two affidavits, either stating the individual is a U.S. citizen or a legal alien.

State Contracts

Requires contracts for state agencies, departments and instrumentalities of the state to use the federal BASIC Pilot program for newly hired employees to verify lawful employment in the United States.

Employer must perform employment check post-hiring; effective dates: July 1, 2007, for employers with 500 or more employees; July 1, 2008, for employers with 100 or more employees; July 1, 2009; for employers with fewer than 100 employees.

Withholding Tax Requirement

Requires 6 percent state withholding tax for 1099 employees who cannot provide a taxpayer ID number, who provide an incorrect taxpayer ID number, or who provide a nonresident taxpayer ID number.

Law Enforcement Training

Authorizes the trained law enforcement officers to enforce federal immigration and customs laws while performing their authorized duties.

Human Trafficking

Creates the offense of human trafficking and contributing to human trafficking with the penalty of one to 20 years in prison and 10 to 20 years in prison if the victim is a minor.

Legal status verification for those charged with felony or DUI

Requires that jail personnel check the legal status of those who are charged with a felony or DUI and notify Immigration and Customs Enforcement (ICE) if the individual is not legally in the United States.

Immigration Assistance Regulation

Limits which services a for-profit immigration assistance company can provide and criminalizes certain actions.

Requires that such businesses post signs stating they are not lawyers and cannot provide legal advice.

Restricts these individuals/businesses from using the terms "notary," "lawyer" or "attorney" in advertising (may use term "notary public" if certified).

Misdemeanor for first offense of non-compliance; high and aggravated misdemeanor for second and subsequent offenses within five years.

SOURCE: Gov. Sonny Perdue's office
http://new.savannahnow.com/node/316670

"We have been requiring growers to join the program," said Dawson Morton, an attorney for the Migrant Project of Georgia Legal Services Program. He represents farm workers with legitimate visas fighting against farmers wanting to pay lower wages to undocumented workers and said the verification issue often comes up.

Exactly what anti-illegal immigration people have been saying all along!

Georgia's enacting of SB 529 already has spread a reputation for the state as an unfriendly destination for illegal immigrants, said Xionara Corpeno, director of organization for a pro-immigrant group based in Los Angeles who was in Atlanta last week protesting.

Then they have accomplished what needs to accomplished!

Hispanics confused

The exceptions have caused many in the state's Hispanic communities to avoid doctors altogether out of confusion, said Danny Vincent, executive director for HealthSTAT, a student-led nonprofit health group.

There always has to be the sympathy hook, oh those poor confused Hispanics. Shouldn't they have said "the illegal community"? Native born or naturalized Hispanics are noy confused by this.

Since when did all Hispanics get lumped into being part of the illegal community?

How many Americans don't go to the doctor because they can't afford it, can't afford health insurance and don't qualify for subsidized care?

Sweeping state immigration law to make impact in Georgia

July 2, 2007 06:17 AM PDT

ATLANTA (AP) - Immigration reform might be dead in Washington, but it's only beginning in Georgia.

Today, more than a year after the state legislature passed a sweeping law to keep illegal immigrants out of jobs, away from taxpayer-funded benefits and more easily within the reach of local police, most parts of the legislation are in effect.

Supporters say Senate Bill 529, as the law is known, only requires local governments to enforce federal immigration law -- for example, verifying that adults applying for non-emergency public benefits are eligible under federal statutes.

Opponents and immigrant rights advocates, however, say the new law will make immigrants -- legal or not -- more afraid of being scrutinized by government officials and law enforcement just because of the way they look or the language they speak.

The bill's sponsor, Republican Senator Chip Rogers of Woodstock, and other supporters have promoted it as a way to reduce Georgia's appeal for illegal immigrants.

http://www.walb.com/Global/story.asp?S=6736424