Ask a fifth-grader: Compliance with law is not optional

By D.A. KIng, Marietta Daily Journal, July 30, 2008

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Summary:

Heads up to all concerned: The law is not written in code or some impossible to translate foreign language. It was written, legislated and passed in English.

To this long-time Cobb citizen, it is becoming somewhat comical to watch the endless discussion and intentionally created confusion concerning the language and intent of the 2006 Georgia Security and Immigration Compliance Act, written by state Senator Chip Rogers.

Particularly Section 9, which mandates verification of applicant's eligibility for "public benefits."

Heads up to all concerned: The law is not written in code or some impossible to translate foreign language. It was written, legislated and passed in English. There is an apparently untried option to revealing what the law requires: Actually reading its language.

I am reminded of the hit Fox Network television show "Are You Smarter Than a Fifth Grader?" The premise of the weekly game show is to watch as adult contestants try to answer a series of questions taken from elementary school textbooks up to the fifth-grade level. If the contestant gets stuck on a question, he may ask for assistance from an on-hand school-age cast member.

But first he must say out loud and on the air that he is "not smarter than a fifth-grader."

Having read statements and questions in the press, I cannot help but suggest that 21st century American fifth-graders may have the edge on some city officials - and their lawyers and advisors - here in Cobb.

So, as a public service, let's all try to educate ourselves and end the guessing game on what the law says. Below is the actual language from the section of the legislation dealing with public benefits.

Note to Cobb mayors, their lawyers and staff: If you get stuck, we can happily send a fifth- grader over to help out.

Section 9, of the Georgia Security and Immigration Compliance Act reads: "On or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefit ... or for federal public benefit ... that is administered by an agency or a political subdivision of this state. ... Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows:

(1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or

(2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States.

(3) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security.

See, that wasn't so difficult or painful, was it?

Now, for the definition of public benefits taken from the federal law cited above:

"the term "State or local public benefit" means:

(A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a state or local government; and

(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a state or local government or by appropriated funds of a state or local government."

No fifth-graders needed yet, we hope.

The authority to create the SAVE system to verify an alien's eligibility for public benefits was established by Congress in 1986 and again in 1996.

Including commercial licenses and food stamps, there is a complete list of public benefits, taken from the SAVE registration Web site, posted on the Dustin Inman Society Homepage. "Information on administering public benefits" (https://www.thedustininmansociety.org/.) We hope Cobb mayors give it a read.

Compliance with the year-old statute is not optional, voluntary, subject to discussion, whim or preference - and cannot be accomplished without reading the law.

Just ask any fifth-grader.

D.A. King is president of the Dustin Inman Society and a widely recognized authority on illegal immigration. He lobbied in favor of the 2006 Georgia Security and Immigration Compliance Act.

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