West Georgia Technical College and the Technical College System of Georgia: providing Public Benefits to illegal aliens in violation of federal and state law while the state budget crisis causes Americans to loose benefits and services.

A step by step timeline of a citizen’s opposition.

In which yet another taxpayer funded agency in Georgia ignores the language and intent of the Georgia Security and Immigration Compliance Act of 2006 (GSICA) by simply deciding it does not apply to them – and a citizen speaks up in defense of the law. GSICA was passed as SB 529.
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Section 9 of GSICA clearly mandates that all agencies administering Public Benefits require applicants for those Public Benefits to complete and affidavit attesting to either U.S. citizenship or lawful alien status. The agency is then required to verify the non-citizen’s legal immigration status using the federal SAVE database.

The state definition of Public Benefits are taken directly from existing federal laws 8 USC 1611 & 8 USC 1621.

Compliance is not an option, is not up to the whims of in-house legal counsel or lack of willingness or ability to read and understand the law by anyone elected or appointed to manage the agency – be it a local government or a college or university. Or a TV news reporter.

Let me put it a different way. Not doing exactly what is outlined in the GSICA is…illegal.

The quite lengthy blog below is meant to serve as a resource for the reader to use in understanding the fact that GSICA – essentially a state law passed saying that in Georgia we must obey federal immigration and employment laws – is and has been since it went into effect on July 1, 2009 – ignored by virtually everyone required to obey and enforce that legislation.

WARNING: As a taxpaying citizen, do not attempt to ignore any laws yourself. The same officials who allow violation of immigration, Public Benefit and employment laws take a dim view of ordinary citizens choosing which laws to obey.

Our little story starts when a local TV station in Atlanta ran a news story in mid-July, 2009 about the fact that West Georgia Technical College (WGTC)in Carrollton, Georgia is providing English as a second Language (ESL) classes to “immigrants” without regard to their immigration status.

Upon watching the news report, I sent a “heads up” e-mail to the TV station explaining that because post-secondary education is a Public Benefit and under Federal and state law is restricted to citizens and Qualified Aliens, WGTC is in violation of those laws.

I also sent a similar letter to Dr. Skip Sullivan, president of the college and further explained that I would file suit in Superior Court to stop his illegal actions. I also copied the letter to the Times Georgian in Carrollton and the Atlanta TV station, CBS Atlanta, 46.

That letter HERE.
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I received a reply from Dr. Sullivan. It goes like this:

“Good afternoon Mr. King,

Thanks for the courtesy note on your intent. I can locate NO affidavits from applicants pursuant to your open records request. Therefore, no submittal is forthcoming. I do ask that you direct all related requests to our Agency’s legal Counsel—Kristi Carman. She is located at the Central Office of the Technical College System of Georgia.

Thanks, Skip Sullivan

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CBS Atlanta then did a second story – with several versions – on the ESL classes at WGTC . Odd that after me carefully explaining that there were laws regulating Public Benefits that their reporter would go on the air and tell the viewer the opposite – but you get used to things like this. That TV news report HERE.

A reporter with the newspaper in Carrollton, the Times Georgian, called and got some quotes and published a news report. It can be read HERE.

It was about here that I learned of the existence of something called the “Technical College System of Georgia” (TCSG).

The remarks from Mike Light, the official spokesman of the TCSG were very interesting to me, since he intentionally led the reporter and thereby the reader to believe that there is no state law in effect regulating Public Benefits and that his organization is in compliance with the federal laws doing the same thing.

Mr. Light is more interested in glib fairy tales aimed at saving his bosses’ reputation than the truth, the law or the public good.

After reading the Times Georgian news report, I sent the below letter to Mr. Light and copied his boss and the lawyer they depend on for actually reading and understanding the law as well as the Times Georgian and TV 46. That letter is below (please note that in it, I requested some public information under the Open Records Act):

Mr. Light, great remarks today in the Carrollton Times Georgian regarding Public Benefits, ESL classes and the legal knowledge at your shop. Admitting on the record that TCSG has a policy that is in violation of two fed laws (8USC 1611 & 8USC 1621) and the GeorgiaSecurity and Immigration Compliance Act of 2006 (GSICA) was a huge help here.

“It’s pretty hard to be in violation of a law that’s not even in effect yet,” Light said.

Thank you.

Fed laws are from 1996. GSICA is from 2006 – thus the date in the title.

HB2 does go into effect until Jan 1 2010 – True. Which means that existing code that it alters is still law and your policy and member schools are in violation. I paste the existing code language below ( Section 9, GSICA). Put even more simply: The Public Benefits applicant’s affidavits process and verification using SAVE was supposed to begin happening on July 1, 2007.

I look forward to your statement to the media when you are explaining why TCSG spent tax dollars on legal fees to defend its policy of non compliance and granting public benefits to illegal aliens while Georgians go without.

I am adding TCSG to the coming legal action.

*Please consider this my official open records request for all documents associated with TCSG official written advice, guidance and policy set forth for your member colleges regulating all public benefits as described in federal law cited above. I am happy to pay all lawful copy fees.

Please note: The federal dollars TCSG is getting will be the legal focus and object in the criminal complaint against Commissioner Ron Jackson which I am filing with Atlanta area DHS Immigration and Customs (SAIC Ken Smith) enforcement for presentation to the Atlanta U.S. Attorney. Something else I have prior experience in doing. I plan on also filing civil case against Commissioner Jackson along with TRO to stop any further administering of public benefits by TCSG member colleges and schools. TCSG policy is in clear violation of the above fed laws regulating Public Benefits and non eligible aliens.

Personal observation: TCSG’s now defended policy of illegally rewarding illegal aliens while legal immigrants – like my adopted sister – and citizens watch their services and benefits dwindle due to budget shortages makes my self-funded efforts to sue and embarrass TCSG much easier. Yuck.

I am not going away.

D.A. King

Marietta, Ga. 30066

SECTION 9. – GSICA 2006Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
by adding a new chapter at the end thereof, to be designated Chapter 36, to read as follows:
“CHAPTER 36

(a) Except as provided in subsection (c) of this Code section or where exempted by federal
law, 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 benefits, as defined in 8 U.S.C. Section
1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is
administered by an agency or a political subdivision of this state.(b) This Code section shall be enforced without regard to race, religion, gender, ethnicity,
or national origin.
(c) Verification of lawful presence under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States is not required by
law, ordinance, or regulation;
(2) For assistance for health care items and services that are necessary for the treatment
of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the
alien involved and are not related to an organ transplant procedure;
06 SB529/AP
S. B. 529
– 13 –
(3) For short-term, noncash, in-kind emergency disaster relief;
(4) For public health assistance for immunizations with respect to immunizable diseases
and for testing and treatment of symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease; or
(5) For programs, services, or assistance such as soup kitchens, crisis counseling and
intervention, and short-term shelter specified by the United States Attorney General, in
the United States Attorney General’s sole and unreviewable discretion after consultation
with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or
private nonprofit agencies;
(B) Do not condition the provision of assistance, the amount of assistance provided,
or the cost of assistance provided on the individual recipient’s income or resources; and
(C) Are necessary for the protection of life or safety.
(6) For prenatal care; or
(7) For postsecondary education, whereby the Board of Regents of the University System
of Georgia or the State Board of Technical and Adult Education shall set forth, or cause
to be set forth, policies regarding postsecondary benefits that comply with all federal law
including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621,
or 1623.(d) 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.
(e) 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 or a successor program designated by the United States
Department of Homeland Security. Until such eligibility verification is made, the affidavit
may be presumed to be proof of lawful presence for the purposes of this Code section.

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After a very frustrating telephone conversation with the Times Georgian reporter, in which I learned that, like far too many in the media- and public officials – she has nearly zero comprehension of the GSICA or federal law regulating Public Benefits, I sent the below letter to the editor of the newspaper for publication:

Re; Group threatens to sue WGTC over classes for illegal immigrants – Monday

Dear editor,

It can be challenging to accurately report on unfamiliar federal programs, legal language and the law – but not impossible. It does help to have the facts when covering alleged violations.

This reluctant authority on the Georgia Security and Immigration Compliance Act of 2006 respectfully notes that reading that state law would result in far less confusion for reporters and editors at the Times-Georgian as well as officials at WGTC and in Carroll County.

The curious should pay particular attention to Section 9 of the three- year-old GSICA (Georgia code 50-36-1). In an effort to insure that finite Public Benefits are administered lawfully and only to citizens and lawful aliens, it requires that applicants for benefits attest to either of those categories and that the agency charged with dispersing taxpayer funded benefits verify the information using a federal database called SAVE.

While a dry and boring topic for many, it is not rocket science. GSICA merely says that here in Georgia, we must obey existing federal immigration law.

Neither is the Act written in some indecipherable language that is impossible to understand – it is in English. Also easy to grasp is the fact that the Times-Georgian reported very recently that because of the state budget crisis, many Carroll County seniors are on a waiting list for home delivered meals (As senior population grows, so does demand for services) . Or that state funded home for veterans in Milledgeville was closed last year for the same reason.

I can go on.

We are running out of money and cutting benefits and services to Georgia citizens. Compliance with the law on dispensing what remains to eligible recipients is always crucial, but even more so in these desperate times.

Like it or not, illegal aliens who escape capture at our borders and make it to Georgia are not eligible for most Public Benefits. That includes language lessons and a license to do business granted by Carrolton and Carroll County.

It’s the law and it makes sense.

Most citizens “get it”. So should the media and public officials.

D.A. King
Marietta
King is president of the Georgia-based Dustin Inman Society, which advocates for enforcement of American immigration laws.
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The letter to the editor has not been published. Don’t hold your breath. At least two more newspapers picked up the story HERE and HERE. Note: very lazy reporter, he never called for a quote.
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Not having yet received a response from anyone at TCSG on my open records request, I sent the below letter to Ms. Kristi Carman, the legal brain at the outfit to whom I was referred by Dr. Sullivan in his reply to my original letter.

28 July 2009

To: Ms. Kristi Carman
General Consul
Technical College System of Georgia
1800 Century Place N.E.
Atlanta, Georgia 30345 – 4304

Re; second request and additional request for public records – Open Records Act.

Ms. Carman,

Please regard this letter as my second official request for any and all documents associated with Technical College System of Georgia’s official written legal advice, guidance and policy set forth for your member colleges – including West Georgia Technical College – regulating administration of all public benefits as described in federal law 8USC1611, 8USC1621 and Georgia Code 50-36-1. I am happy to pay all lawful copy fees.

My first request was made on July 21, 2009. I attach a copy of that electronic communication to this letter. I have not received a response from anyone.

Additionally, I am now also requesting all public records, including copies of e-mail or other communication between you, your office and any and all other employees (including the Commissioner and Deputy Commissioner, and college presidents), or board members of TCSG regarding inquiries, opinions, and all other traffic pertaining to TCSG compliance with existing federal and state laws regarding administration of Federal and State and Local Public Benefits.

Also: Any documents or e-mail traffic pertaining to recent news coverage of my intent to initiate legal action against West Georgia Technical College, which apparently uses admissions and Public Benefit administration policy originating in your office. This would include a printed copy of my original e-mail public records request sent to you, official spokesman Mike Light and Commissioner Ron Jackson.

Please also include copies of all Technical College admissions applications, applications for Adult Education, ESL classes and a sample of the state required affidavit from all applicants for Public Benefits attesting to either U.S. citizenship or lawful alien status which TCSG or member colleges administers, as per the Georgia Security and Immigration Compliance Act of 2006 (GSICA), codified in Georgia Code 50-36-1.

This requirement began on July 1, 2007.

Please include a copy of the Memorandum of Understanding (MOU) and/or the Memorandum of Agreement (MOA) from United States Department of Homeland Security authorizing TCSG’s use of the Systematic Alien Verification System (SAVE) to verify non-citizen applicant’s lawful alien status which was required as of July 1, 2007 – as per GSICA.

Please include a sample copy of all applications offered by all Georgia Technical Colleges for federal or state funded student loans or grants.

I also am herby requesting a copy of the Memorandum of Understanding with the United States Department of Homeland Security from TCSG’s Human Resources Department for use of the federal E-Verify employment verification database, as mandated by the Georgia Security and Immigration Compliance Act of 2006, codified in Georgia code 13-10-90.

Lastly, please include copies of all documents listing all legal firms and representation used by TCSG as legal consul to defend against litigation/civil lawsuits against TCSG and the Commissioner aimed at restraining TCSG from administering Public Benefits due to lack of compliance with above laws. Please include a copy of any and all documents indicating agreed upon hourly fees to said consul.

I am happy to pay all lawful copy fees.

I am quite disappointed and concerned at the lack of response to my previous request. I trust that all of the requested documents will be sent out to me within three days.

Please feel free to contact me at any time.

D.A. King
President
The Dustin Inman Society
3595 Canton Rd
A-9/337
Marietta, Ga. 30066

Cc (electronic): TCSG Commissioner Ron Jackson; Kate Brumback, Associated Press; George Franco, Fox 5 TV news, Atlanta.

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I had a phone conversation with lawyer Carman ( spelling corrected from “Carmen”) and received a response to my first request to her for public records the same day.

That response is linked HERE

I haven’t been surprised at what I hear from people in government in a long time, but reading this part of her advice and opinion on the 2006 GSICA stunned me: “The law does not place any additional burden on the technical colleges to verify the lawful presence in the United States of its students.”
I ask the reader who has made it this far to see the actual language of the law:

(7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621,or 1623.
(d) 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.
(e) 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 or a successor program designated by the United States
Department of Homeland Security. Until such eligibility verification is made, the affidavit
may be presumed to be proof of lawful presence for the purposes of this Code section.

Yikes.

My main focus here is the state law saying we must obey the federal law, but since there is a federal law – actually two ( 8USC1611& 1621), I sent the below compliant to the Atlanta office Immigration and Customs Enforcement (ICE):

28 July 2009

To:
Special Agent Kimberly Schroeder
Office of Investigations
Immigration Customs Enforcement
U.S. Department of Homeland Security
1100 Centre Parkway
Atlanta, Georgia 30344

Re; Request for investigation of violation of federal code – providing Federal and State and Local Public Benefits to aliens who are not qualified aliens

Special Agent Schroeder,

Please regard this letter as a citizen complaint and request for investigation of current and ongoing violation of 8 USC 1611 and 8 USC 1621 by Ronald W. Jackson, Commissioner of the Technical College System of Georgia and Dr. Skip Sullivan, president of West Georgia Technical College.

I believe that the clear, public and defiant violations of federal law cited above should be brought to the attention of the U.S. Attorney for prosecution and to force and end to providing Public Benefits in the form of post secondary education to aliens who are not qualified due to their illegal status.

According to public statements by Mr. Mike Light, spokesman for the Technical College System of Georgia (TCSG) and at least one employee of the West Georgia Technical College (WGTC), headed by Dr. Skip Sullivan, as an ongoing matter of policy and practice, they are providing post secondary education including no-cost language lessons to aliens who have entered or are presently in the U.S. in violation of federal immigration laws. And doing so based on policy dictated by the TCSG headed by Ronald Jackson.

The various public statements I mention have been made to a local Atlanta TV news reporter and aired on in a multiple July broadcasts by CBS Atlanta, TV 46, and to a Carrollton Times Georgian newspaper reporter. The TV news report ran several times and the newspaper report was published. I attach a copy of the newspaper report and an internet link here http://www.times-georgian.com/pages/full_story/push?article-Group+threatens+to+sue+WGTC+over+classes+for+illegal+immigrants%20&id=2994273-Group+threatens+to+sue+WGTC+over+classes+for+illegal+immigrants&instance=home_news_top . The TV reports can be viewed here http://www.youtube.com/watch?v=AZ-acXIKft0 and here http://www.youtube.com/watch?v=J5sWhaKRUZ0 .

I also attach a 2006 legal opinion reflecting current policy from the General Counsel of what is now TCSG demonstrating the defiance and disregard for federal law regulating ineligible aliens and providing finite Public Benefits. Here http://www.thedustininmansociety.org/private/tcsg_2009jul23.pdf

Both above entities are using federal and state grants to operate. According to the most recent financial statement http://www.tcsg.edu/all_documents/2009_Directory(web).pdf available, in fiscal year 2008 TCSG received $61,745,162 in federal funding and $373,317,567 million dollars in state funds.

In addition to the violation of the rule of law to which most Americans are held, the practice of using taxpayer dollars to provide illegal post secondary education to ineligible aliens during a recession in which Americans are watching as benefits and services shrink on a daily basis is morally reprehensible.

I again respectfully request that this matter be investigated by your office and forwarded to the U.S. Attorney’s office for prosecution.

I look forward to your kind reply and professional attention.

TCSG Commissioner Ron Jackson can be located at the below address:

1800 Century Place, N.E.
Atlanta, Georgia 30345-4304 www.tcsg.edu
Main (404) 679-1600

WGTC president Dr. Skip Sullivan can be located at the below address:

176 Murphy Campus Blvd.
Waco, Georgia 30182

Please be advised that I have great respect and gratitude for the dangerous work done by the Special Agents of the Immigration and Customs Enforcement office.

Thank you,

D.A. King
Marietta, Ga. 30066

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Because with legal oversight like this, I am very curious as to how TCSG has complied with another part of GSICA (Section 2) I sent the below letter asking for more public records yesterday:

29 July 2009

To: Ms. Kristi Carman
General Consul
Technical College System of Georgia
1800 Century Place N.E.
Atlanta, Georgia 30345 – 4304

Re; Open records request for contractor’s affidavits attesting to use of E-Verify system.

Ms. Carman,

Please regard this letter as my official request for copies of all affidavits collected from all contractors doing business with TCSG and all Technical Colleges in the Georgia System as required by rules set forth by the Georgia Labor Commissioner in accordance with the Georgia Security and Immigration Compliance Act of 2006. (Georgia code section 13-10-90).

For your convenience, the Commissioners rules can be read here: http://www.dol.state.ga.us/spotlight/sp_sb_529_new_rules.htm .

I am asking for all contractor affidavits from July 1, 2007 to July 29, 2009.

I am happy to pay all lawful charges for copies and to collect your response at our scheduled meeting on August 6, 2009.

Please feel free to contact me at any time.

D.A. King
President
The Dustin Inman Society
3595 Canton Rd
A-9/337
Marietta, Ga. 30066

Cc (electronic): TCSG Commissioner Ron Jackson; Kate Brumback, Associated Press; George Franco, Fox 5 TV news, Atlanta.

As it stands now, it looks like the entire technical college system in Georgia is providing Public Benefits to illegal aliens on the advice of the TCSG General Counsel. It is my guess that she has no understanding that all post secondary schools in Georgia are bound by state law to obey federal laws…what a concept.

I have had prior experience in taking local governments to court to force them to obey the law the rest of us are held to. If, before September 1st, somebody cannot make the powers that be who are paid with tax dollars to run the departments discussed above understand that they are not only putting illegal aliens in line in front of Americans and lawful residents, but doing so in violation of multiple laws, we can all watch as they spend more tax dollars defending their clearly illegal actions.

I promise.
Stay tuned.