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Illegal alien law to effect in 2007
By: BRENNAN LEATHERS
12/30/2006


Among the new laws that will take effect during 2007 is one that seeks to deny state benefits to illegal aliens, regulate their employment and train police to enforce immigration law.

Most of Senate Bill 529, the Georgia Security and Immigration Compliance Act, will take effect on July 1, 2007, but the law is already having an impact on how state agencies conduct business and maintain records.

The law requires citizenship verification for individuals using Georgia’s public services to ensure they are legally eligible to receive those services. For example, all individuals over the age of 18 who want to receive state benefits must sign a document stating they are a U.S. citizen or a legal alien, which is then checked against a federal database. Prenatal and emergency care are exempted from the requirement.

The law also requires citizenship verification of state employees and employers with state contracts and subcontracts. The requirement will apply to employers with more than 500 employees beginning July 1, 2007, and to other employers in 2008-2009.

The law requires a 6 percent state withholding tax for all nonresident aliens, which is an alien who does not meet either the IRS’s green card test, such as a lawful permanent resident, and not a U.S. citizen. Beginning in 2008, the law requires that businesses compensating undocumented employees more than $600 a year may not claim wages as an allowable business expense.

The law encourages cooperation between Georgia law enforcement agencies with those at the federal level on enforcement of immigration laws. It gives law enforcement the authority to crack down on human trafficking and check the legal status of anyone charged with a felony or driving under the influence of alcohol or drugs. The immigration status of people in the Georgia state prison system is already checked.

The Decatur County Sheriff’s Office is aware of the law and is awaiting further information from the Georgia Department of Public Safety, the agency which will oversee training on immigration laws, said Major Wendell Cofer.

The law limits what services a for-profit immigration assistance company can provide and criminalizes certain actions, including advertising themselves as a public notary, lawyer or attorney.

In a decision related to the immigration law, Georgia public colleges will no longer be allowed to grant in-state tuition breaks to illegal aliens, due to a new policy set by the Board of Regents of the University System of Georgia.