One of my dreams and goals for the last ten years!: “HB 87 imposes restrictions on High Security Consular Identification cards, which have no bearing on the holder’s immigration status…”

Global Atlanta

Gov. Nathan Deal Plans to Sign Immigration Bill
Ann Cantrell Atlanta – 04.15.11

Georgia Gov. Nathan Deal will sign an immigration reform bill adopted by Georgia’s General Assembly, according to a spokesperson for the governor.

Passed by the Georgia House of Representatives and Senate on April 14, House Bill 87 attempts to crack down on illegal immigration by mandating that certain businesses verify their employees’ legal status.

Brian Robinson, a spokesman for Mr. Deal, said the bill is consistent with governor’s campaign promise to deal with the “high expenses that state and local governments here incur because of illegal immigration.”

The governor argues that the bill’s provisions are within the state’s legal rights and that it protects the rule of law in the state, said Mr. Robinson in an email.

As Mr. Deal reviews the bill, opponents of HB 87 are already preparing to the take a case before the federal district court. Charles Kuck, managing partner for Kuck Immigration Partners LLC, told GlobalAtlanta that he is drafting a preliminary injunction to halt enforcement of the bill, arguing several provisions are unconstitutional.

HB 87 mandates that companies with more than 10 full-time employees register with the federal program E-Verify to check the legal status of new hires and creates the offense of “aggravated identity theft” for the use of false information.

It also authorizes law enforcement officers to check the legal status of suspected criminals if they are unable to provide identification and makes harboring an illegal immigrant an offense.

D.A. King, president of the Dustin Inman Society, which opposes illegal immigration, told GlobalAtlanta that HB 87 will create a respect for the rule of law, previously undermined by the flow of illegal immigrants into Georgia.

A hallmark of the legislation, said Mr. King, is that it includes clearly defined penalties for employers that ignore the provisions.

“This bill has set a new benchmark nationwide for enforcement laws,” he said, adding that it will kill the black market for labor in Georgia and open up jobs for legal residents.

In contrast to Mr. King, Mr. Kuck said that E-Verify provisions would not prevent businesses from hiring illegal immigrants.

He said that while companies must register their employees with E-Verify by Jan. 1 each year to obtain a business license, small businesses with just over 10 full-time employees could list a few workers as part-time employees to avoid registration.

The Consulate General of Mexico issued a statement saying that “if it takes effect, the final version of HB 87 retains elements that could have negative consequences on the human and civil rights of Mexican nationals living in that state, by further criminalizing immigrants.”

The statement also says that “HB 87 imposes restrictions on High Security Consular Identification cards, which have no bearing on the holder’s immigration status, and are issued under rigorous procedures and according to the Vienna Convention on Consular Relations to which Mexico and the United States are parties to. The bill also fails to recognize the significant contributions of migrants to this country’s society.”