July 21, 2009

West Georgia Technical College in violation of several laws – D.A. King to file lawsuit

Posted by D.A. King at 4:13 pm - Email the author   Print This Post Print This Post  

My letter to president of West Georgia Technical College regarding that college illegal administration of benefits to illegal aliens.

17 July 2009

Dr. Skip Sullivan

President

West Georgia Technical College

176 Murphy Campus Blvd.
Waco, Georgia 30182

Re; WGTC violations of state and federal laws regulating administration of Public Benefits

Dr. Sullivan,

I write before legal action as a courtesy and on the assumption that you and the Board of West Georgia Technical College are unaware of the violations described below. And that you will use your authority to correct the illegal policy and practice that is responsible for diverting federal and state provided Public Benefits to ineligible recipients.

I have watched and recorded the recent Atlanta CBS TV news report concerning WGTC’s practice of providing Adult continuing education including no-cost ESL classes to people regardless of illegal immigration status.

Adult Education is a Public Benefit and administration of these benefits is regulated by two separate federal laws (8 USC 1611& 8 USC 1621) and two state laws, the Georgia Security and Immigration Compliance Act of 2006 ((GSICA)) and the 2009 HB 2 which will become effective on January 1, 2010).

While I am certain that you will have employees in your legal department educate themselves on the mandates in the code, I offer the definition of both federal and state and local Public Benefits taken from both federal laws below:

8USC1611

(c) “Federal public benefit” defined

(1) Except as provided in paragraph (2), for purposes of this chapter the term “Federal public benefit” means—

(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; 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 the United States or by appropriated funds of the United States.

8USC1621

c) “State or local public benefit” defined

(1) Except as provided in paragraphs (2) and (3), for purposes of this subchapter 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

Additionally, all agencies and local governments in Georgia administering Public Benefits are required to collect an affidavit from all applicants for those benefits attesting to either U.S. citizenship or lawful alien status ( Section 9, GSICA). Penalty for false swearing is a felony in Georgia.

Under GSICA, as of July 1, 2007, all such Georgia agencies and local governments are then required to verify the accuracy of sworn lawful alien status for non citizens using the federal Systematic Alien Verification for Entitlements System (SAVE) which uses immigration status as criteria for eligibility.

I am in possession of a May 9, 2009 list of agencies in Georgia who are authorized to use the SAVE provided by the United States Department of Homeland Security.

West Georgia Technical College is absent from the list.

Please also consider this letter my formal open records request for copies of all state required affidavits collected from applicants for all Adult Education/Public Benefit programs provided by your institution, including the no cost ESL classes provided to illegal aliens as featured in the CBS Atlanta television news reports of July 16, 2009.

As a way of saving your time, please be advised that the 1982 Plyler v Doe Supreme Court decision mandated K-12 education for illegal aliens only. It has no effect on post secondary education.

I regret to inform you that unless all violations of existing federal and state law are ended and proper documentation and verification policies and authorities are in place at your college as of September 1, 2009, I plan on filing suit in Carroll County against you personally, as president of WGTC. Additionally, a Temporary Restraining Order to halt all administration of Public Benefits until WGTC is in compliance with the law will be filed.

As an active authority on immigration law, I have prior successful experience in this area.

In these desperate economic times, I am in hopes that this unfortunate example of providing taxpayer funded benefits to people who are not eligible and rewarding people who can make it to your college after escaping capture by American Border Patrol Agents is merely an unintentional oversight.

Please feel free to contact me at any time.

D.A. King

President,

The Dustin Inman Society

Marietta, Ga. 30066

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