The Dustin Inman Society Georgia legislation advisory page: Bills that are badly needed to honestly attack illegal immigration in the Peach State…and more
PLEASE PASS THIS PAGE AROUND – AND SEND IT TO YOUR STATE LEGISLATOR
20 December 2010
SOME IDEAS AND ACTUAL SUGGESTED LANGUAGE OF NEEDED BILLS AND RECOMENDATIONS TO GEORGIA LEGISLATORS FOR THE 2011 GENERAL ASSEMBLY. WE WILL BE ABLE TO SEE WHO IS SERIOUS ABOUT ILLEGAL IMMIGRATION AND WILL CREATE AN ILLEGAL IMMIGRATION SCORECARD FOR ALL LEGISLATORS AT THE END OF SESSION.
PLEASE SEND THIS PAGE TO YOUR STATE REPRESENTITIVE AND STATE SENATOR!
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ILLEGAL IMMIGRATION IS CAUSED BY ILLEGAL EMPLOYMENT
EXISTING E-VERIFY GEORGIA LAW HERE
“E-VERIFY” is an accurate, ever-improving, no-cost, internet-based federal database designed to verify the eligibility to legally work in the United States. E-VERIFY is used to verify only newly hired employees. E-VERIFY IS NOT A SCREENING SYSTEM AND USER EMPLOYERS MUST VERIFY ALL NEW HIRES. More than 16,000 Georgia businesses already use E-VERIFY
Since the 2006 Georgia Security and Immigration Compliance Act (SB529) , Georgia has had in place laws aimed at illegal immigration, illegal employment and illegal administration of Public Benefits. The 2006 law requires public employers and their contractors to use the E-VERIFY system. Further, state law requires all official agencies that administer Public Benefits to collect a sworn affidavit of eligibility from applicants and to verify using the SAVE program. There are no penalties for violation. There is no official oversight for compliance. While it is treated as secret by most in the media, there is rampant violation by many local governments and official agencies.
About 5% of the U.S. workforce is illegal. The current estimate is that over 6% of the Georgia workforce is illegal. Also that about half of Georgia’s agricultural workers are illegal aliens.
Most illegal immigration is a result of illegal employment. Four states have in place laws requiring all employers to use E-VERIFY. Georgia is not one of them. Most experts agree that illegal immigration can be reduced by more than half with state-wide use of the no-cost E-VERIFY system. The Dustin Inman Society has been an E-Verify user since mid- 2005.
The H2A visa is a nonimmigrant visa which allows an unlimited number of foreign workers to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature. Employers must provide free housing that meets safety and health standards established by law. Employers must provide workers’ compensation insurance to workers at no cost to the worker. Employers must provide free housing that meets safety and health standards established by law.
It is much cheaper for agricultural employers to hire illegal labor. The ridiculous concept advanced by the radical anti-enforcement mob that we must allow illegal immigration or repeat the amnesty of 1986 to grow and harvest onions or peaches is advanced by anti-enforcement hucksters – including the Georgia Farm Bureau who depend on the media to never mention the H2A visa. So far, with great success.
There is no such thing as “cheap labor”. Illegal labor saves employers money, while taxpayers pick up the tab for the benefits and services illegals cannot afford because of their artificially low wage level. “TAXPAYER SUBSIDIZED, BLACK-MARKET, REPLACEMENT LABOR” is a much more accurate term.
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***UNDERSTANDING PUBLIC BENEFITS LAWS IN GEORGIA ***HERE
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The root of most illegal immigration is illegal employment. It is a federal crime to knowingly hire or employ and illegal alien. Federal law clearly allows states and local governments to regulate and punish illegal employment through licensing:
( 8USC 1324a – linked above)
Preemption
The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
The no-cost, federal E-VERIFY program must be used to protect jobs for Georgians. HERE is a map of states with E-Verify laws.
IF we could only get one law passed into law in 2011 to greatly reduce illegal immigration and create jobs in Georgia – and get it enforced – this would be it:
The Georgia Employer and Worker Protection Act of 2011
We are very happy that Georgia Governor-Elect Nathan Deal has repeatedly promised to push for legislation aimed at use of E-Verify to obtain or renew a business license in Georgia. The former Congresman was a proud co-sponsor of a 2009 bill in congress – HR 3308 the SAVE ACT (note: not the same as the federal benefits verification database called SAVE system)– that would make E-VERIFY mandatory nationwide.
A (suggested) BILL TO BE ENTITLED AN ACT
To enact the “Georgia Employer and Worker Protection Act of 2011”; to provide for a short title; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require participation in the federal employment eligibility verification system as a condition of obtaining or renewing a business license or occupational tax certificate; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the “Georgia Employer and Worker Protection Act of 2010.”SECTION 2.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by revising Code Section 36-60-6, relating to the issuance of local business licenses and evidence of state licensure, as follows:
“36-60-6.
(a) Before any county or municipal corporation issues a business license or occupational tax certificate to any person engaged in a profession or business required to be licensed by the state under Title 43, the person must provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license or occupational tax certificate shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.
(b) Any person presenting false or misleading evidence of such state licensure shall be guilty of a misdemeanor.
(b) In addition to the requirements of subsection (a) of this Code section, before any county or municipal corporation issues or renews a business license or occupational tax certificate to any business with three or more employees, the business shall obtain authorization to use and agree to use, as a condition of being issued or granted renewal of a business license or occupational tax certificate, the federal employment eligibility verification system known as E-Verify or any future replacement employment eligibility verification system. In order to ensure compliance with this subsection, any county or municipal corporation issuing or renewing a business license or occupational tax certificate shall require, as a part of the application process, a notarized sworn affidavit from each applicant attesting that he or she will continually utilize the employment eligibility verification system. The affidavit shall include the federally assigned federal employment system user number and date of authority for use and shall express an intent to continually use the system in accordance with federal regulations.Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20 nad shall forfeit business license or occupational tax certificate
(c) Renewal applications containing user numbers that do not match original user numbers shall be denied.
(d) Any county or municipal corporation issuing or renewing a business license or occupational tax certificate shall annually provide to the Department of Audits and Reports, not later than December 31 of each year, a report demonstrating compliance with the provisions of this Code section. Each year, the Department of Audits and Reports shall conduct an annual audit of no fewer than 25 percent of such reporting agencies. The Department of Audits and Reports shall publish not later than February 1 of each year a report of the department’s audit findings.”
(e) Any county or municipal corporation issuing or renewing a business license or occupational tax certificate found to be in violation of Section 2, shallâŚSECTION 3.
This Act shall become effective on July 1, 2011, and shall apply to business licenses or occupational tax certificates issued or renewed on or after such date.SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
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Illegals driving on Georgia’s roads are killing Americans.
Below are suggested changes to existing law that will be introduced in 2011 session
O.C.G.A. § 40-5-121
GEORGIA CODE
Copyright 2010 by The State of Georgia
All rights reserved.
*** Current Through the 2010 Regular Session ***
*** Annotations Current Through September 24, 2010 ***
TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 5. DRIVERS’ LICENSES
ARTICLE 6. MISCELLANEOUS OFFENSES AND JURISDICTION OF OFFENSES
O.C.G.A. § 40-5-121 (2010)
§ 40-5-121. Driving while license suspended or revoked
(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a [[DELETE misdemeanor]] [[ high and aggravated misdemeanor ]]for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, [[ shall be fingerprinted and shall be punished by and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00 ]] [[DELETE imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00.]] Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For [[ any subsequent ]] [[ DELETE the second and third ]]conviction within [[ DELETE five ]] ten]] years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of [[ DELETE a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of ]] a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00.
(b) (1) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions undsubsection (f) of Code Section 40-5-75, shall extend the period of suspension or disqualification by six months. Upon the expiration of six months from the date on which the suspension or disqualification is extended and payment of the applicable reinstatement fee, the department shall reinstate the license. The reinstatement fee for a first such conviction within a five-year period shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second such conviction within a five-year period shall be $310.00 or $300.00 if paid by mail. The reinstatement fee for a third or subsequent such conviction within a five-year period shall be $410.00 or $400.00 if paid by mail.
(2) The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section.
(c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section.
(d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.
HISTORY: Code 1933, § 68B-402, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1979, p. 1049, § 1; Ga. L. 1983, p. 1000, § 10; Ga. L. 1984, p. 22, § 40; Ga. L. 1988, p. 897, § 5; Ga. L. 1989, p. 350, § 1; Ga. L. 1989, p. 519, § 15; Ga. L. 1990, p. 2048, § 4; Ga. L. 1991, p. 1886, § 5; Ga. L. 1992, p. 1128, § 1; Ga. L. 1999, p. 391, § 6; Ga. L. 2000, p. 951, § 5-49; Ga. L. 2004, p. 631, § 40; Ga. L. 2006, p. 449, § 12/HB 1253; Ga. L. 2008, p. 1137, § 3/SB 350; Ga. L. 2009, p. 65, § 3/SB 196; Ga. L. 2009, p. 679, § 9/HB 160.
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TAX WITH HOLDING SECTION FROM 2006 LAW:
FROM THE NEW YORK TIMES HERE:
The Republican who is expected to lead the main subcommittee on immigration in the US House of Representatives in the new congress next year said on Monday that he will push for a bill that would cancel employersâ tax deductions for wages of workers who are illegal immigrants.
In an interview, Representative Steve King of Iowa, the senior Republican on the Judiciary subcommittee on immigration in the current congress, said his priority as chairman would be to pass a bill he introduced last year that would also require the Internal Revenue Service to share information with the Department of Homeland Security and the Social Security Administration about the immigration status of workers.
Mr. King said his measure would increase pressure on employers to fire unauthorized immigrant workers by increasing their cost. He estimated that if employers were not able to claim tax deductions for those workersâ wages and benefits, an unauthorized immigrant making $10 an hour would cost the employer the equivalent of $16 an hour. …
WHAT AN IDEA! – We passed that same law here in Ga in 2006: SOMEBODY IN THE LEGISLATURE SHOULD INSIST THAT WE MONITOR/investigate COMPLIANCE!SB 529, Georgia Security and Immigration Compliance Act ( SEE HERE)
SEE OCGA 48-7-21.1 & 48-7-100
Section 7 provides that after January 1, 2008 no compensation over $600.00 per year for labor services to a person who has not been verified to legally work in the U.S. can be claimed as a deductible business expense for state income taxes, regardless if the individual is issued a IRS 1099 Form. The Georgia Commissioner of Revenue is authorized to create forms to be used in order to verify the legal status of an employee.
Section 8 (ITIN) states that a withholding agent is required to withhold 6% state income tax of an individual using an Individual Taxpayer Identification Number whose wages are reported on a 1099 Form.
Resolve to study compliance with 2006 tax withholding section and more: audit tax records to find stolen/fake SSNs being used to work and file tax returns. Each return could have been filed by a legal worker who would have earned more money and paid higher tax. Many of these illegal aliens will file using the ITIN, but also attach 1099âs and W2 and other income statements which include fraudulent or stolen Social Security Numbers that they used to present to the employer. DOR can easily audit and find this info as has been done in at least one county in Colorado
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PUBLIC WORKS CONTRACTS 13-10-91
ADD PRIVATE CAUSE OF ACTION.
Increase penalty for contractors added in 2010 on SB 447. Add monetary penalty for Public Employers â hold department head responsible for violations with promise of termination. Loss of preferred status for local governments.
(if universal use of E-Verify for bus. license fails) To create an eventual pool of E-Verify authorized public works contractors, require that on âXâ date, only bids from contractors who have been using E-Verify continuously for 6 mos. will be eligible for consideration. Then, 6 mos later, on date âYâ â 12 mos use. In the case of newly formed contractor businesses, contractor must show proof of E-Verify MOA dated within 15 days of incorporation/authority to conduct business in Georgia. Make E-Verify use required part of being a public works contractor as was intent in 2006.
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GET ILLEGAL ALIENS OUT OF OUR UNIVERSITY AND TECHNICAL COLLEGE SYSTEM!
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Affidavits of work eligibility using citizenship or legal alien status – with US issued – ID from all public contract workers.
OCGA 13-10-91
Remove current contingency language â enforcement is a net dollar saver and was a DOL demand 2010.
â(4) Contingent upon appropriation or approval of necessary funding and in order to verify compliance with the provisions of this subsection, each year the Commissioner shall conduct no fewer than 100 random audits of public employers and contractors. The results of the audits shall be published on the www.open.georgia.gov website and on the Georgia Department of Labor’s website no later than December 31 of each year. The Georgia Department of Labor shall seek funding from the United States Secretary of Labor to the extent such funding is available.â
Use Vincent Fortâs 1997 bill âSB 257 â Public Works â prohibit illegal alien employmentâ
âA bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government in general, so as to prohibit the employment of illegal aliens on public works for the state or any authority, county, municipality, school district, or other local government unit or political subdivision; to provide for an oath relative to the employment of illegal aliens on such public works; to provide for a penalty.â
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PUBLIC BENEFITS (budget, budget, budget) 50-36-1 (PLS SEE 2010 HB 1164 for more)
ADD PRIVATE CAUSE OF ACTION.
On affidavit attesting to citizenship/legal alien status, require photo ID from each. Driverâs License or US issued ID from âcitizenâ and US issued immigration documents from alien. Standardize affidavit to include a warning to signer of violation of fed law on falsely claiming citizenship. There are two that I know of, one is 18 USC 1546 and 18 USC 1015. * CAN we make this a state law as well?
Add âpassportsâ (counties take applications) and âdown payment assistanceâ to list of Public Benefits.
Require SAVE users numbers on agencyâs website and OPEN GEORGIA website. Was in 2009 HB 2 but disappeared end of session.
strike or clarify this; â(f) No employer or agency or political subdivision, as such term is defined in Code Section 50-36-1, shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section.â All they have to do is say they âwere trying to complyâ when they were trying not to.
I have much more on this code section, but if it is done, should be when Riceâs bill goes to Senate? See last LC on HB 1164 2010 if I get run over by bus full of illegal aliens. All details that make it more difficult to ignore lawâŚincluding fines, termination of Department heads and loss of preferred local government status.
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Assorted:
NO Birth certificates to children of illegals. Az is doing this bill this year.
Create study for official release to discern financial cost of illegal immigration/illegal employment to Georgia
Refine and DEFINE LEGAL âRESIDENTâ IN ENTIRE GEORGIA CODE as in 40-5-1 â expand definition for âresidentâ in driverâs license code to cover entire OCGA.
One benefit to illegals of 14th amendment is the thriving industry of renting and loaning US-born childâs SSN and identity. Fake SSN used for food stamps/Medicaid/employment is a problem. I have willing senior employee in state Medicaid office. Not sure how to go at it.
Change requirement to become a Notary Public to include U.S. CITIZENSHIP.
ENFORCEMENT ON ILLEGAL ALIENS (fingerprints, fingerprints, fingerprints)
FACT SHEET AND TEXT OF AZ LAW HERE
Bolton’s AZ order did not affect several other provisions of the law which are now on the books.
These include:
— Creating a separate state crime making it illegal to transport or harbor an illegal immigrant.
— Making it a crime to stop a vehicle in traffic to hire a day laborer or for someone looking for work to get into a stopped vehicle.
— Requiring state officials to work with the federal government regarding illegal immigrants.
— Allowing Arizona residents to file suit against any agency, official, city or county for adopting policies that restrict the ability of workers to enforce federal immigration law “to less than the full extent permitted by federal law.”
Mirror fed law â make it a state crime to aid, assist, shelter, transport, harbor an illegal alien or to encourage an illegal alien to remain in Georgia.
NOTE: Obama is trying to neuter 287(g) â federal SECURE COMMUNITIES PROGRAM (finger print sharing initiative) IS THE HOT TOOL THIS YEAR. THE CRAZIES HATE IT BECAUSE IT WORKS AND OBAMA HAS SAID HE WANTS IT IN 100% OF LOCAL ENFORCEMENT AGENCIES BY 2013. Ga should be fully active ASAP â not 2013
Bill should be created to follow John Wiles 2010 SB 385 (?) from 2010 to reward ALL localities for beginning use of Secure Communities and application for 287(g).
35-2-14 : State officers with 287(g) authority should be counted and there should be big deal made on continually increasing their number. Eventually, the 12 that were trained in 2006 will go away just from attrition. Even if ICE is reluctant to approve, application should be made.
Check immigration documents using 42-4-14 and create language to mirror federal code on possession of proof of legal status for anyone booked into jail.
8 U.S.C. 1302âThis is the federal law, first enacted in 1940, that requires every alien over the age of 13 who plans to remain in the United States for 30 days or longer to register with the federal government and be fingerprinted.
8 U.S.C. 1304âThis is the federal law that requires that âevery alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to himâ by the Federal government.
42-4-14 can also be altered to accommodate Arizonaâs ID language I think. It needs to be improved to include checking alien status of ALL who enter jail for any reason:
§ 42-4-14. Determination of nationality of person charged with felony and confined in a jail facility
(a) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined.
(b) If the prisoner is a foreign national charged with [[ a felony, driving under the influence pursuant to Code Section 40-6-391, driving without being licensed pursuant to subsection (a) of Code Section 40-5-20, or with a misdemeanor of a high and aggravated nature ]], the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland SecurityâŚ
**Make list of ID documents acceptable for state use: MATRICULA CONSULAR NOT ON LIST if not accompanied by US documents. Colorado has similar law.
42-4-14 Require determination of citizenship/immigration status of anyone going into jail for driving w/o ever being licensed.
Reduce number of convictions for driving w/o ever having been licensed to two (from four) for felony. SB 350 2008
The crazies hate SB 350 almost as much as they hate SB 529 and me. Honest.
A) Traffic violation for driver who has never been licensed: Seize tags on the spot. Some local law enforcement are already doing this. B) Driver never been licensed? Impound car until⌠? Fine and prosecute for false swearing on registration form if no proof of legal immigration status.
Refine MAIL IN TAG RENEWALSâŚnow it is a dream for illegals who already have tags for their car. SB 38 2007 has a loophole, I canât remember it now.
Take a look at eliminating Power of Attorney to register car.
NO AUTO INSURANCE ISSUED W/O U.S. DRIVERS LICENSE. Currently, anyone can use Mexican license to buy car insurance. Insurance industry is mostly state regulated.
Separate felony to swear to legal status or citizenship (*see above)
Alter 16-12 100 so that an illegal alien can be prosecuted for smuggling himself. Az. does it.
Refine and DEFINE LEGAL Georgia âRESIDENTâ IN ENTIRE GEORGIA CODE as in 40-5-1 â expand definition for âresidentâ in driverâs license code to cover entire OCGA.