Thread: GA-Activist calls for probe into GDOT E-Verify affidavit

Activist calls for probe into GDOT E-Verify affidavit
by Katy Ruth Camp
krcamp@mdjonline.com
September 09, 2010 12:00 AM |


MARIETTA - Local anti-illegal immigration activist D.A. King is calling for an investigation into whether the Georgia Department of Transportation and Lithonia-based Bromell Manicured Lawns violated Georgia immigration law. However, Sheriff Neil Warren said such an investigation is not "in my jurisdiction or within my authority."


King first made his request to Cobb County District Attorney Pat Head on Sept. 3, and made his second formal request for an investigation on Wednesday. King said the Georgia Bureau of Investigation told him he could not make a request for investigation as a citizen and had to "go through a sheriff, chief of police, district attorney or district court judge as they can enforce and adjudicate the law." Head sent King's request Wednesday to Warren, stating that reports of a crime are generally sent to the Sheriff's Office or another law enforcement agency.


King said the affidavit GDOT has used in the past is illegal, according to the Department of Homeland Security, as it does not require contract companies to officially attest to using the federal citizenship confirmer E-Verify until after contracts have been awarded.


"The law says in an effort for us to create a level playing field for contractors, as a public employer, you may not consider a bid until that contractor making the bid has submitted the affidavit, giving its user number and date of MOU (Memorandum of Understanding)," King said. "They can't even consider the bid until that's happened. GDOT is telling people that successful low bidders will then be required to submit an affidavit saying they are using E-Verify. But that only verifies newly hired employees, and if you hired someone yesterday, you can't check them. So GDOT has allowed contractors to bid on a projection of the cost of illegal labor, and then be hired. And that is far from right."

GDOT spokesman David Spear acknowledged Wednesday that the organization was not following the law by not requiring contractors to submit their E-Verify user numbers, but only inadvertently. He added that GDOT has since changed its affidavit.


"The department's mission is transportation. It its not immigration policy," he said. "We're going to do what we have to in accordance to the law, and frankly, we appreciate this being brought to our attention because we overlooked it. But the responsibility of making sure contractors comply with those laws lies with the contractors - not us. We don't have the personnel or the mission to go out everyday and enforce immigration compliance. We have hundreds of thousands of contracts at any given time, and the responsibility is absolutely theirs."


In the case of Bromell Manicured Lawns, which is under a $500,000 contract with GDOT for its mowing services, King said the company president, Michael Bromell, signed an affidavit dated June 16, 2010, that the company was using E-Verify as a condition of obtaining a work contract with GDOT. But King said, according to documents he obtained from U.S. Homeland Security, the company did not obtain an MOU with E-Verify until Aug. 26, 2010.


According to Georgia Senate Bill 447, passed this spring, "Contractors and subcontractors convicted for false statements based on a violation of this subsection shall be prohibited from bidding on or entering into any public contract for 12 months following such conviction."


Such violations performed by public bodies, such as GDOT, however, incur no penalties.


Spear said Bromell's company is still employed with GDOT. The phone number listed for Bromell's company has been disconnected.


"If it ends up being the case that they did something wrong, we did not know that. They indicated to us that they had gotten E-Verify either in May or June, which was the time of the original contract. If turns out they didn't get it until August 26th, then certainly they've violated their contract terms and we will address that with them. Whether that is the case remains to be seen, but what they have indicated to us is that they got it in May, we took their word, and they signed a sworn affidavit. If that proves somehow to be otherwise, we will do what we need to do internally," Spear said.


When asked if that meant revoking the company's contract with GDOT, Spear said: "That would be likely."


Warren said Wednesday evening that he had not had an opportunity to look at the full complaint, but that after looking at it briefly, neither the lawn
company nor GDOT are within his jurisdiction and therefore he cannot investigate them for their actions.


Still, King said he hopes someone, whether it is the Georgia Attorney General's Office or the GBI, would conduct an investigation into both GDOT and Bromell's actions, as it would "create some fear in contractors and other agencies that there will be an enforcement of the law."


King said government bodies are not held responsible for their own actions because the Association of County Commissioners of Georgia and the Georgia Municipal Association have effectively lobbied against provisions in recent immigration laws that would pose penalties on public bodies that break the law.


"The district attorney quoted to me this morning, 'If there is no penalty, there is no crime.' But these are blatant violations of the law. Taxpaying Americans are being swindled out of jobs in Georgia because of the actions of GDOT," King said. "It looks to me like the good ole boys at GDOT are even less interested in the rule of law than they are in welfare of the American people."



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One Responder to the article wrote:



mk-- wink,wink wrote on Thursday, Sep 09 at 08:40 AM »
This exposure should OUTRAGE ALL Georgians! (if there is no penalty, there is no law!!)- The senators & congressman absolutely KNEW this when they wrote SB529 back in 2006. I took Sen. Chip Rogers a copy of South Carolinas Illegal Reform Act 4400-(PACKED FULL OF PENALTIES & FINES)-- & the senator said to me quote "well, we think our bill is better than theirs"!I imagine he understood full well what they were leaving OUT of the bill!!!
Guess he meant better for the contractors that demanded to continue to keep using illegal , cheap labor!

Pat Head needs to take this investigation one step further & investigate WHY penalties were KNOWINLY & INTENTIONALLY left OUT og a bill in Georgia that was presented to Georgians as something that would PROTECT Georgians !

How many back room deals were made to make this a bill w/ no punishment?Is D.A. King the ONLY person on OUR side in Geogia working on illegal immigration???? Expose the dirty senators!!!!!!!And while you're @ it,... investigate all the cities, counties & municipalities that are continuing to skirt the law!!

MDJ,... please play your part & help uncover this rampant corruption!!!

Read more: The Marietta Daily Journal - Activist calls for probe into GDOT E Verify affidavit

The number of illegals in Georgia out-number those in Arizona.

A couple of months ago I was on Pleasant Hill Road, Lawrenceville, GA. (This was once an upper middleclass, legal citizen, clean, well maintained community). I couldn' help but notice that everything from Banks, Car Lots, Grocery Stores., etc was written in Chinese, Korean, and of course Spanish.

Much of Georgia is like that. Remember, it was just recently that Medias began to even discuss illegal immigration.

I questioned who made the decision to do away with our laws.

It is Illegal To Bring Illegal Aliens Into US under current Laws
It is unlawful for any person to bring aliens into the United States. Fine: $3,000 for each alien (Sec. 273. [8 U.S.C. 1323])


It is Illegal To Harbor Illegal Immigrants
. It is unlawful to bring in or harbor illegal aliens. Fine: $3,000 for each alien. (Sec. 273. [8 U.S.C. 1323] )


It is Illegal To Employ, Recruit, or Refer Illegal Aliens for Jobs
. It is unlawful for a person or other entity- to employ or recruit or refer for a fee an illegal alien in the United States. Commercial advantage or private financial gain offender can be fined under title 18, US code, imprisoned for not more than 10 years, or both. ...Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in sub paragraph (B) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. (Sec. 274A. [8 U.S.C. 1324a] )


It is Illegal To Forge Documents for Illegal Immigrants or violate Identity Theft Laws
. It is unlawful for any person or entity knowingly- to forge documents. Legal documents must be presented when entering the US.
( Sec. 274C. [8 U.S.C. 1324c] )
...Fine: not less than $250 and not more than $2,000 for each document that is the subject of a violation.
...Previous violation: not less than $2,000 and not more than $5,000 for each document that is the subject of a violation.


US Laws Declare it is Illegal To Aid or Abet Illegal Immigrants
. It is unlawful for anyone to aid or assist aliens to enter the United States. Penalty: fined under title 18, United States Code, or imprisoned not more than 10 years, or both. ( Sec. 277. [8 U.S.C. 1327] )


LEGAL Immigrants Must Know English, US History, US Laws, and Principles
. No person shall be naturalized as a citizen of the United States who cannot demonstrate: ... An understanding of the English language, including the ability to read, write and and speak words in ordinary usage in the English language.
... A knowledge and understanding of history, and of the principles and form of government, of the United States. ( Sec. 312. [8 U.S.C. 1423] )


Legal Immigrants Must Display Moral Character and No Crime Record
. Requirements as to residence, good moral character, attachment to the principles of the constitution, and favorable disposition to the Untied States. ( Sec. 316. [8 U.S.C. 1427] )


Legal Immigrants Must Be Investigated and Screened for past crimes and terrorism links
. Prior to a person becoming naturalized, or an employee of the service, a personal investigation is required of the individual applying.
( Sec. 335. [8 U.S.C. 1446] )


It is Illegal For Illegal Aliens to Bypass Medical and Physical Exams for illnesses and infectious diseases
. Physical and Mental Examinations are required.
Aliens arriving at ports of the United States will be detained for the purpose of determining whether they are afflicted with any of the diseases or mental or physical defects or disabilities set forth in section 212(a), or whenever the Attorney General has received information showing that any aliens are coming from a country or have embarked at a place where any of such diseases are prevalent or epidemic.
( Sec. 232 [8 U.S.C. 1252] )


Illegal Aliens Deported are ineligible for readmission to US Under Current Laws
. Distressed Aliens:
Any alien who falls into distress or who needs public aid from causes arising prior to his/her entry is desirous of being so removed. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General.
( Sec. 250. [8 U.S.C. 1260] )


It is Illegal for Illegal Immigrants to possess a firearm or ammunition
. It is unlawful for an alien illegally in the United States or an alien admitted to the United States under a non immigrant visa to legally receive or possess firearms and/or ammunition. ( [18 U.S.C. 922(g) and (n), 27 CFR 478.32] )