Cherokee Tribune

Local governments face lawsuit over anti-illegal alien act

( Note from D.A. – my Cherokee Tribune commentary column that started this HERE )

Published: 01/07/2009

By Ashley Fuller
afuller@cherokeetribune.com

Cherokee’s county and city governments may end up in court if they don’t begin verifying citizenship of business license applicants.

An anti-illegal immigration activist, who last year filed suit against the Cobb County government, now is accusing Cherokee’s governments of failing to enforce the Georgia Security and Immigration Compliance Act.

The law requires local government agencies in Georgia that administer “public benefits” to collect an affidavit from applicants swearing to either U.S. citizenship or lawful alien status. Agencies then are required to use the federal SAVE (Systematic Alien Verification for Entitlements) database to verify the immigration status of alien applicants.

D.A. King, president of the Marietta-based Dustin Inman Society anti-illegal immigration organization, said the law is being violated in Cherokee as officials do not obtain affidavits when they issue or renew business licenses.

He filed a lawsuit last year against Cobb’s county government to force its staff to verify all applications. Before the case was decided by a judge, the county staff began checking the immigration status of every applicant for what can be described as a business license.

King said he would hold a press conference at the state Capitol on Monday to address local governments’ failure to comply with the law. Senate Majority Leader Chip Rogers (R-Woodstock), who authored the state law, is among the leaders scheduled to attend.

Cherokee’s county government leaders and organizations that lobby for them disagree with his contention that business licenses fall under the law.

County Commission Chairman Buzz Ahrens said, in a written statement, that “clear legal opinions” indicate counties are not authorized to issue business licenses, as that responsibility falling to the state. He said counties collect business and occupational taxes, which can be described as a license but technically are not.

“Under that description, a county is not in violation of any federal or state regulations by failing to secure affidavits,” Ahrens said in the statement.

The county government does require affidavits for contractors hired to work for them.

It also has requested permission from the Department of Homeland Security to use SAVE, but is waiting for the agency to return the executed documents.

“Until those documents come, we are just waiting,” County Manager Jerry Cooper said, adding that until then affidavits for public benefits cannot be checked.

Local cities also are not collecting affidavits for business licenses, but do require them for alcohol licenses.

As far as business licenses, Woodstock City Manager Jeff Moon referenced the position of the Association County Commissioners of Georgia, which is similar to the county government’s opinion.

Canton City Manager Rob Logan said the city is researching whether the affidavits are required for its business licenses.

“If it is applicable to us, we will have to do it,” he said.

Ball Ground City Manager Eric Wilmarth said its city attorney also has been asked to render a legal opinion.

Rogers said federal law and his state law both treat business license as a public benefit

“Clearly, the intent, and letter of the law, in [the Georgia Security and Immigration Compliance Act] mandates that all local governments use the tools provided to determine eligibility for benefits based on lawful status,” he said, adding local governments that claim they are against providing benefits to ineligible immigrants should be willing to verify their status before issuing business licenses.

News story AND COMMENTS here