#Georgiafornia: Government of the Chamber, by the Chamber, for the Chamber
last edited 12:30 AM February 19, 2016
Added March 16, 2017: RELATED – New knowledge: Georgia has in place a law that allows foreign nationals to keep their home country’s drivers license in tact and fully valid after they are issued a Georgia drivers license. That is not allowed for Americans and if you have two valid drivers licenses, you will/can be prosecuted for fraud.
OCGA 40-5-20
“(2) Any noncitizen who is eligible for issuance of a driver’s license pursuant to the requirements of this chapter may be issued a driver’s license without surrendering any driver’s license previously issued to him or her by any foreign jurisdiction.”
Voted on floor Tuesday, Feb 16, 2016, with a floor amendment from Senator Mike Crane. Elapsed time from committee approval: two legislative days (the senate was not in session Friday, Feb. 12 or Monday, Feb 15).
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State law already says that licensed drivers from nations with a reciprocal agreement with Georgia DDS are exempt from taking the Georgia Knowledge (written) and road tests for a drivers license. Koreans with a Korean drivers license, for example, are not required to take the same tests Americans are to obtain a Georgia drivers license.
Translation:The Georgia Chamber of Commerce: “We don’t want to bother anybody by insuring they can pass our drivers tests…We can make mo’ money if we allow other nations to decide who can drive in Georgia when they do bidness….” This part became law in 2013 (HB 475) and was shot out of Gov. Deal’s office almost as fast as this 2016 ‘mo’ money bill’. Senator David Shafer called me before session began to take my temperature on the idea. It passed anyway…
SB 320 adds language to law that says if a law enforcement officer cannot verify the validity of a foreign drivers license (they cannot, see further down), written in a foreign language, that license shall be presumed to be valid ifthe driver/bearer also:
* Comes from a country that participates in the visa waiver program and has in his possession a valid passport from that country with documentation evidencing lawful entry into the United States that is dated within 90 days of the date of the officer’s inspection of such license;
or
* Has in his immediate possession a nonimmigrant (temporary) visa and a valid passport from such country with documentation evidencing lawful entry into the United States that is dated within 12 months of the date of the officer’s inspection of such license;
or
*Has an “International Drivers Permit” –NOTE: An IDP is merely a translation of the foreign language DL into English.
or
* Has in his or her immediate possession a certification in English that the nonresident driver’s license is valid from a foreign consular official – like a Mexican consular official here in Atlanta – along with with “documentation” showing lawful entry into the United States that is dated within 12 months of the date of the officer’s inspection of such license.
And it would be the same Gov. Nathan Deal–appointed commissioner of economic development (Chris Carr) whose job it is to make mo’money for the Chamber of Commerce members.
Personal note: There is nobody in the state of Georgia is more obedient to the bosses, profit-oriented and ‘Establishment Republican’ than Chris Carr.
I have spoken tonight to the Gwinnett County Sheriff who kindly put me in touch with his deputy who runs the license plate reader unit. This is a twenty-five year street Deputy Sheriff working in Gwinnett County, Georgia, the number-one immigrant destination of Georgia.I have been told that they have no equipment that would enable them to verify any foreign drivers licenses and that their officers have never had any training on deciphering or inspecting immigration visas and documents or passport stamps.
IF a driver with a foreign drivers license still happens to be cited for a violation?
If a nonresident driver is charged with a violation of Code Section 40-5-20 and the driver had in his immediate possession a driver’s license issued by the foreign country at the time of the offense, such charge shall be dismissed if:
(1) The nonresident foreign driver provides the prosecuting attorney, or the court, with a certification in English as to the validity of his foreign nonresident driver’s license on the date of such offense, whereupon such certification is made by a diplomatic or consular official of such foreign country… and
(2) Evidence exists that such nonresident foreign driver was otherwise authorized to operate a motor vehicle in the United States under the provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any similar such treaty, international agreement, or reciprocal agreement between the United States and a foreign country concerning driving privileges of nonresidents and documentation evidencing lawful entry into the United States that is dated within 12 months of the date of the officer’s inspection of such license;
or
The validity of the driver’s license of such nonresident foreign driver on the date of such offense is confirmed by a means of verification established by the (DDS) commissioner by regulation.” END.
Public safety is not the point here. But the bill passed out of the Republican-controlled Georgia Senate Public Safety committee and passed the senate with zero “no” votes (off the floor with excused absence: Senators Hunter Hill, Josh McKoon, PK Martin, David Lucas)
Fact-filled response to DDS’s Michael Mitchell’s claim that illegal aliens are not getting Georgia drivers licenses and his attack on WSB TV
“On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.” (bold emphasis mine -dak)
United States Citizenship and Immigration Service website.
*Here is what oft-quoted immigration lawyer and former GALEO board member, Charles Kuck told GPB when asked about “lawful presence/legal status:
”We’re not talking about legal status–that’s an entirely different thing—nor are we arguing that these children have legal status, they do not. But they do have lawful presence and if the language ‘lawfully present’ is present in the Board of Regents’ tuition policy and the federal government says that these children are lawfully present if granted DACA, there is no lawful reason why these children are not given in-state tuition in Georgia,” Kuck explained.”
“Recent media reports concerning the DDS driver’s license issuance policies have incorrectly stated that DDS issues credentials to illegal immigrants. That is not true.”FALSE: The illegal aliens to whom Pres. Obama granted deferred action on deportation are still illegal aliens. USCIS makes that very clear again – ( FAQ ) here – twice). They do not have “legal/lawful status.”
They are aliens (non-citizens) here w/o legal status. Because of the 2012 Obama decree, they do have “lawful presence” which is merely a term to describe the fact that they are not accruing “unlawful presence” time, which after a year can stop re-entry for up to 10 years.
“Q5: If my case is deferred, am I in lawful status for the period of deferral? A5: No. Although action on your case has been deferred and you do not accrue unlawful presence (for admissibility purposes) during the period of deferred action, deferred action does not confer any lawful status.”
State law (OCGA 50-36-1 as one example) was written long before anyone could imagine that anyone would extend a deferred action program imlemented to be applied on a case-by-case, individual basis –to about 750,000 illegal aliens.
The intent and language of the original version of SB 6 (2015) was to change the language in Ga. Law from “lawful presence” to “legal status” so as to end issuance of drivers licenses/ID cards to illegal aliens with deferred action on deportation. In 2016, with new language that only changed the look and use of the drivers license/ID card now issued to non-citizens/illegal aliens with no legal status, SB 6 passed the state senate with every Republican vote except one ( Sen. Tommie Williams, who made it clear both years that any action on SB 6 would harm the continued employment of his sous chef).
“DDS requires proof of lawful status from all non-citizens before the issuance of a Georgia driver’s license or ID Card.”FALSE: See above. They cannot prove what they clearly do not have. DDS has been peddling this to lawmakers for three years. All he had to do was use “lawful presence” to be accurate and explain legal status, which is what I have been trying to explain to the Gold Dome for three years. He made a large mistake in the House committee the other day with his word game and now must cover to protect himself.
“Every person issued a Georgia driver’s license or ID card from DDS has provided documents showing proof that he or she is authorized to be in the United States.”TRUE. See “lawful presence.” Again, the intent of existing state law was to stop illegal aliens from obtaining a driver license. The original version of SB 6 was aimed at changing the language of the law to read “must have ‘legal status’ from “lawful presence.” All he had to do is make all of that clear. But clarity here will give away the game…
“The type of immigration document used to substantiate lawful status varies, but one thing is constant — DDS has verified that each person is authorized to be present in the United States for the term specified by the United States government and listed on their immigration document.”FALSE – (* Most of) the illegals show the work permit and SSN given to them through deferred action on deportation status that has given them “lawful presence.” He is very wrong here. Last year he was more cautious. They are still illegal aliens because they have no legal status. They cannot substantiate legal status, as they do not have it.
“The Federal government determines a non-citizen’s immigration status and term of authorized stay in the United States. Therefore, DDS does not issue driver’s licenses and/or identification cards to “illegal aliens.”FALSE: Aliens without legal status are illegal aliens. See what I mean about his tricky word games? Despite the fact that GA. has more illegals than Arizona., legislators have zero knowledge of any of this but want desperately for this to be correct. It isn’t. The WSB clarification was needed.
“Recent court decisions have ordered DDS to issue licenses to non-citizens who present documentation that they are authorized to remain in the United States regardless of how they entered the United States.”*TRUE. Not all illegal aliens with a Ga. DL have deferred action on deportation. There is a class of illegals who have been convicted of crimes (some very violent) and have already been ordered deported. But they are still on our streets. If they submit a ( knowingly futile ) request to become a US citizen, Obama was giving them a work permit and SSN. Presto, they get a Ga. DL with those docs. A Fulton Judge found for these aliens w/o legal status after DDS stopped giving then a DL after about three years. Ga. did not appeal. They would have won, but then it would create to much noise… These illegal aliens have the code “C-18” (Deportable alien under order of supervision – page 12-23) on their work permit.
“The correction made by WSBTV’s Justin Farmer (https://www.youtube.com/watch?v=pBFv5YGARtM) to a recent legislative news story which states that DDS has issued some licenses to “people here illegally” who have been temporarily deferred is not true.”FALSE: This statement on DDS is 100% inaccurate. Again, illegal aliens were granted deferred action on deportation and given work permits and SSNs. He is also opening holes in his last sentence on the “court decision” – already ordered deported goop.
“Each person issued a Georgia driver’s license or ID card has been verified to be in the United States lawfully and are not considered to be in the United States “illegally” at the time of their issuance.”TRUE: Because of the “lawful presence” status that came with the deferred action on deportation, they are not accruing unlawful presence. He seems to be reating the same attempt to cover himself a lot…
“DDS follows a stringent license/ID issuance procedure dictated by law. Improper reporting of this important process, circumvents the DDS mission of protecting the integrity of our issuance process.”TRUE and FALSE. We have no doubt that DDS is following state law on “lawful precense” – but the game here is to hide the fact that Georgia has been issuing DLs and ID cards to aliens without legal status since 2012 and to hinder the passage of a law to change the language to obtain original intent.
It looks a lot like DDS does not want the facts out there.
This voice mail came from WSB’s Rikki Klaus at 7:30 PM, Wednesday, December 28, 2016. On a holiday vacay date night, my wife and I had just been served dinner at a favorite restaurant.
Yikes…
WSB’s reporter Klaus contacted me in early December for a story. This in itself is unusual, as I am not a fave person with staff and management at the deteriorating WSB TV News department. They have stories of illegal aliens as victims to tell and I am pro-enforcement. To the liberal reporters there, protecting the rule of law and the rights of legal immigrants and Americans in America is “anti-immigrant.” The news director, a Misti Turnbull, does not return repeated calls for corrections when I am slandered on air as “anti-immigration” or “anti-immigrant” and I have recently learned she has blocked me on Twitter. Which cracks me up.
Anyway, I returned reporter Klaus’ email early the day after it was sent with my name and cell number. A few days later, and after no contact from her I assumed she had been told I was blacklisted at her station. I called to find out and Klaus told me “Oh, I was just about to call you!” she told me she was doing a story ( I don’t remember what the drift was) on illegals and had already gotten on camera interviews with two other people and needed “balance,” Could I send a statement? We made plans for her to contact me at 3:00 PM two days later for an interview. On my way to the gym at 4-ish the day she promised to call me, I called her to tell her I was no longer available for a camera hit. She had forgotten about her pledge to call me. “But I am on my way to breaking news and still want to interview you” she said. “I asked my producer and it is OK to interview you…”
The next time I heard from Rikki Klaus of WSB TV News was the voice mail above. I accidentally hit redial instead of voice mail playback and spoke to Klaus, who sounded rather frantic. Could I please send a text statement on her story? “Or, I have a camera man who can come to you right now”after I expressed my surprise at her call and request.
I carefully explained to Ms. Klaus that I would do neither. Ditto for any future request.
The standards at WSB TV News have been declining for quite some time. I will write up some gems to illustrate that fact as I get time. I have some beauties. Hello Steve Gehlbach…
The agenda-driven liberal bias and ignorance of immigration at WSB and most other Atlanta TV stations is the reason we pretty much stopped watching “the news.”
Hello! I’m Rikki Klaus, a WSB-TV reporter doing an immigration story for Channel 2 Action News. Could you please call or email me as soon as you get the chance? I’d love to set up an interview.
Thank you,
Rikki Klaus
WSB-TV reporter
404-996-8703 (cell)
rikki.klaus@wsbtv.com
L-R Georgia state Senator Bill Jackson,YeSun Wiltse, Patti Balfour, Heather Martin, Marina Shurley
Delivering the pro-English, pro-enforcement message! (four American women, two of whom are immigrants)
HELP US PLEASE! Tomorrow, Monday, is the drop dead day for these bills. Please call Lt. Governor Casey Cagle’s office right now 404-656-5030 and leave a message (they have voicemail) “Pass SR 675 and SB 6, we are watching and we vote.”
I was happy to meet YeSun and her friends and fellow Greater Columbia County Republican Women’s Club members Tuesday at the Georgia Capitol. At YeSun’s invitation, I spoke to the GCCRWC earlier this month and I cannot say enough about her energy, patriotism and dedication. And, she is patient with me! A proud American and an immigrant, YeSun is a retired U.S. Army Warrant Officer and president the GCCRWC.
These determined ladies drove all the way from Augusta to Atlanta for the day for no other reason than to explain to the Republican legislators their educated desire that we stop giving drivers licenses to illegal aliens (SB6) and that the Republicans pass Senator Josh McKoon’s SR 675, which will allow all Georgians to vote in November on amending the Georgia constitution to make English the official language of government and to end the Tower of Babel policy of giving our written drivers license exam in eleven languages.
Ladies, we salute you and we thank you!
A short report from YeSun:
Four members of Greater Columbia County Republican Women (GCCRW) made a mini lobbying trip to Georgia Capitol on Tuesday, Feb 23, 2016. We met with Senators Bill Jackson and Jesse Stone, and Representatives Barry Fleming and Jodi Lott (Rep. Lott is a GCCRW member). All of our representatives are supportive of SB6 and SR 675.
We visited Sen. Tyler Harper who said he supports SB6 with some changes in language. He said that he doesn’t have control over SR 675, but he would support it.
We visited with Alan Powell briefly as he had to leave for another meeting. He said that he had not paid attention to SB 320 because he is swamped with House Bills. He would look at SB 320 after cross over day. He instructed his assistant to keep the copy of letter we delivered with other documents for him to review at later time.
We stopped in to Lt. Gov. Cagle’s office and left a note that we wanted him to help push SB6 and SR 675 for a vote. We also stopped at Sen. (President Pro Tem) David Shaefer’s office. We wanted to leave a note for him, but his assistant wanted us to email our request.
I emailed both Senators Bill Jackson and Jesse Stone the same message (see below). Sen. Jackson responded saying that he would support a floor amendment to orient the temporary DL vertically.
Bill would alter driver’s license provision in Ga.
by Ricky Leroux
February 22, 2015
ATLANTA — Supporters of a bill in the Georgia Senate say it would prevent those who have entered the country illegally from gaining a driver’s license, while opponents call the bill discriminatory.
Sen. Josh McKoon (R-Columbus) said he filed Senate Bill 6 to clarify residency requirements to get a driver’s license.
“What made me want to file it is I learned that under current Georgia law that illegal immigrants are entitled to receiving a Georgia driver’s license,” McKoon said. “I was shocked and dismayed that our law would allow for that and felt that we needed to make a change, particularly in light of the president’s most recent deferred action, which from the estimates that I’ve seen — conservative estimates — would place an additional 100,000 illegal immigrants in an eligibility status for a Georgia driver’s license.”
McKoon is referring to President Barack Obama’s executive actions to shield certain immigrants from deportation, which the president issued in November. Those executive actions were temporarily blocked by a federal judge in Texas this week, but the White House has said it will appeal the judge’s ruling.
The judge’s decision does not change McKoon’s resolve to pass his bill.
“I think it is incredibly important for us to move forward because the federal judge has given us some breathing room,” McKoon said. “He’s given us time to get this law in place, but there’s no guarantee that that decision’s not going to be reversed in days, weeks or months to come. Now is the time to act. We need to stand up for the people of this state and make it clear that we’re not issuing benefits to those who have broken our laws and are here illegally.”
McKoon said the bill would change residency requirements to get a driver’s license from “lawfully present” to “lawful status,” which he said would not allow those who entered the country illegally from getting licenses even if the executive actions are implemented.
“Georgia law currently says that you must be lawfully present — you have to have a lawful presence in the state to qualify for a driver’s license. Most of what Senate Bill 6 does has to do with changing lawful presence to lawful status,” McKoon said. “That would fix the problem because even if the president orders deferred action, that does not confer lawful status upon individuals who are in the country illegally.”
The bill is in the Senate Public Safety Committee, chaired by Sen. Tyler Harper (R-Ocilla).
“We requested a hearing several weeks ago, and we have not been granted a hearing,” McKoon said. “But we continue to be hopeful that Chairman Harper will schedule it for a hearing.”
At a hearing, supporters of the bill would provide evidence and testimony on why the bill is necessary. Then, the committee would need to vote to move the bill forward, McKoon said. The bill would then go before the Senate Rules Committee, he said, which decides what bills go to the Senate floor for a full vote.
McKoon said he hasn’t been given a reason why a hearing has not taken place.
“I really have not heard anything. We submitted a letter requesting a hearing. We have made repeated requests for a hearing,” he said.
Still, McKoon is hopeful, saying 12 other Republican senators have signed on to the bill.
“I learned a long time ago you don’t make predictions, but I certainly continue to be hopeful that we’ll get the opportunity to make our case,” he said.
Sen. Bruce Thompson (R-White), who represents a portion of north Cobb between interstates 75 and 575, is one of the co-sponsors of the bill. Thompson said the bill simply defines “who can actually get licenses within our state because once you get a driver’s license, that opens you up to so many other benefits.”
Thompson said the bill is necessary because of the uncertainty surrounding Obama’s executive actions on immigration.
“Right now, with the action that our federal government is taking granting certain segments of the population immigration status here, if we don’t define within our state what it takes to be able to get a driver’s license, then we’ve opened Pandora’s box,” he said. “It’s not seeking to restrict as much as it’s seeking to define who’s qualified within our state to be able to get a driver’s license and be on the roads.”
Sen. Hunter Hill (R-Smyrna), who represents Smyrna, Cumberland and Vinings, said he has some issues with the bill, but supports the concept.
Hill said portions of the bill would also apply “to current foreigners getting a temporary license that are here legally. And a lot of them are contributing members of our society in terms of business executives with Mercedes and UPS and Coca-Cola and other companies, and we wouldn’t want to burden everybody when we’re trying to just make it so the vast majority of illegals don’t get a driver’s license.”
Hill said if those changes are made, he would vote to pass the bill.
“I think everybody’s on the same page for not making the law cumbersome for legal residents, but also not allowing illegal residents, those here illegally, to have a government document that suggests that they are here legally.”
State Sen. Horacena Tate (D-Atlanta), who represents the Mableton area in south Cobb, said she would not vote for the bill.
“We spend too much time trying to be discriminatory to people,” Tate said. “It’s an attack on deferred immigration status for people who are here, supporting our economy.”
Tate said the bill hurts people who are in the country trying to work and contribute.
“If we allow them to have driver’s licenses, then that means they’re paying insurance. They can get jobs, can get to work. And they can be contributing members of our community — which is what we want — and spend their money here. So let’s not be discriminatory in what we do.”
The bill is not good for Georgia, Tate concluded.
“Once again, we’re going about discriminating and causing economic hardship on some of our Georgia citizens,” she said. “Once again, it goes back to — which is what I’ve been saying — we keep doing things for the select few and not what’s good for all of Georgia. I look at this bill in its present status as being one that does that. In its present status, I would not support the bill.”
Read more: The Marietta Daily Journal – Bill would alter driver s license provision in Ga http://mdjonline.com/view/full_story/26483785/article-Bill-would-alter-driver-s-license-provision-in-Ga-?instance=home_top_bullets&sp-tk=62B35016937073DDFEB2144FB950C7F8A447A3CED1EEB26C4903127F80BA27785CDDD25C6DBF0BE0CE1228B3F2918E20E05E9BC64F467C554246D39B27B655B8595A4A125B51C6C08E81A97BA2CF839FB46E9FEE9203AAEAE503415D469D71C80A9E8EDF5B9815442857B81419C561305CD714AE28538FEFC67EE08CF7C80039E487EAE74A257D8DF1DE4C7483207A16205804A3C55B4591DE74E27BBB0321E31337A90F
OMG! How can anyone have access to an I-94 form if they come from a country that has a visa waiver program/agreement with the United States? HERE
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What does existing federal law (since 1940) say about the requirement that non-citizens in the USA always carry proof of lawful presence on their person?
Every 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 him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
How does an alien obtain a Georgia drivers license using a foreign passport as ID? With a documented foreign passport. That’s how. We think that having the same ID security safeguards statewide as the DDS already has is great public policy!
Checklist of all Accepted Documents (pasted from the Georgia DDS website – HERE)
Effective July 1, 2012, the following documentation requirements are in place at DDS resulting from the Federal requirements of the Real ID Act. Please be sure to bring the required documents in each section with you when you visit a DDS Customer Service Center to obtain your DL or ID.
Non-Citizen
NOTE: DDS will only issue a driver’s license in a name that exactly matches the original immigration documents.
Visa Waiver; also requires Unexpired Foreign Passport
Unexpired Foreign Passport with a valid US Visa and valid I-94 or I-797; also requires I-766, I-20, or DS -2019
I-766 (TPS – Temporary Protected Status)
I-766 (non TPS); also requi res Unexpired Foreign Passport
I-551 or I-551 Stamp with photo on I-94 form
I-551 Stamp; also requires Unexpired Foreign Passport
I-94 (Asylee status)
I-94 (Refugee status)
Certificate of Citizenship
Certificate of Naturalization
Unexpired Foreign Passport with Immigration Status of A, B, E, H, I, L, O, P, Q, R, or S
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But wait! Didn’t the USCIS just change the rules on I-94 forms to automate the form?
Yes, they did. You can see that change HERE. It does not eliminate the existence of or access to the I-94 form or the requirement that it be presented when needed for benefits or licenses. But nice try Jerry.
CBP Announces Automation of Form I-94 Arrival/Departure Record
U.S. Customs and Border Protection (CBP) today published an interim final rule in the Federal Register to automate Form I-94, Arrival/Departure Record. Form I-94 provides nonimmigrants evidence that they have been lawfully admitted to the United States. The interim final rule, effective on April 26, 2013, streamlines the admissions process for nonimmigrants arriving to the United States. Affected nonimmigrants traveling to the United States by air or sea will no longer need to fill out a paper Form I-94. However, individuals who go through secondary inspection, such as asylees, refugees, and parolees, will be provided a paper copy of Form I-94 by a CBP officer.
USCIS will continue to require applicants to submit a paper copy of Form I-94 when requesting certain benefits. Other government agencies, such as State Departments of Motor Vehicles (DMVs), also require a paper copy of Form I-94. Moreover, nonimmigrants who are authorized to work may present a paper copy of Form I-94 to their employers during the employment eligibility verification (Form I-9) process.
For more information regarding CBP’s Form I-94 automation, please visit CBP’s website at www.cbp.gov and review their News Release regarding Form I-94 Automation.
For more information on USCIS forms and procedures, please visit www.uscis.gov or call our toll-free National Customer Service Center at 1-800-375-5283.
Last updated:03/27/2013
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The illegal alien lobby is sending out wild claims about the “unintended consequences” of SB 160. Some of the real gems are listed below and followed by the truth in bold. They have a deep and constant hatred for the truth.
From the illegal alien lobby:
“Because of the invalidation of foreign passports as an acceptable form of identification, SB160 could potentially”:
• deny many immigrants access to water and sewage services provided by local governments (similar to the mess created by the Alabama law), Too funny. We direct any interested party ot lines 414 & 415 of SB 160 AS PASSED.
• deny many immigrants access to state and local buildings, While that would be a bonus if were true, the illegal alien lobby should be pressed to present an example. Here is one of ours: Even when anyone enters the Georgia Capitol building, persons who cannot produce any ID are allowed entry by simply giving their name. Somebody may want to mention that. Exactly what “”state and local buildings” are these hustlers talking about?
• deny many immigrant parents the ability to enroll their children in schools to the extent that the schools require a proof of identification, Plyler v Doe says that all children present in the USA must be admitted to K-12 public education regardless of immigration status. There is no provision that anyone offer secure and verifiable ID. Next?
• deny many U.S. citizen children with immigrant parents access to many public benefits, Umm, how? First, immigrants are people who are here legally. But even when an illegal alien accesses welfare, food stamps and other benefits for an anchor baby, it is not the parent who must produce ID, but the child for whom the benefits are intended. HERE is a link to the DFACS page on which the application for food stamps and TANF is linked. Researchers may want to note that the law applies only to people 18 and over.
• deny many immigrants the ability to obtain a marriage license. Hooray! They got one partially correct! Laws vary from county to county in Georgia, but If an illegal alien wants to use an undocumented passport as ID when obtaining a marriage license, they may want to go to another state. (we hope they decide to stay there) And we urge someone to try to get married in Mexico using an undocumented passport as ID.
These are not unintentional consequences, but targeted and intentional consequences to make Georgia an inhospitable place for foreign visitors. All Georgians we know welcome visitors from other nations if they come legally. The truth is that this law is intended to make Georgia even less attractive and hospitable to illegal aliens. The goal is to protect our jobs, benefits and services from plunder by the illegal aliens and their shameless handlers.
We are put of funds. We need your help. I am sorry to ask. It is critical.
Republican-controlled Georgia is still giving drivers licenses to illegal aliens.
We are still trying to get a hearing in the Senate Public Safety on SB 6, which would address this issue and much more. Friday is the last possible day. The chairman there is Senator Tyler Harper. SB 6 has been in his committee for more than a year. If you take time to call his office, the message is “Give SB 6 a hearing.”
We cannot continue to operate here without some help with expenses. Our last appeal for assistance produced two donations. At Christmas time. We cannot afford to send out many alerts any more, so I am using Facebook a lot.
If you can help, your contribution can be tax deductible. Please help. I have been doing this full time since 2003.
PLEASE SEE HERE FOR INSTRUCTIONS ON HELPING US FIGHT THE GEORGIA CHAMBER OF COMMERCE AND TE IULLEGAL ALIEN LOBBY-GALEO.
We are still trying to help pass SR 675, that would allow all Georgia voters to decide in November on amending the state constitution to make English the official language of government. Monday is the last possible day to get it passed in the Republican super-majority state senate.
We are also struggling to stop SB 320 in the House. Law enforcement officials are outraged at the security dangers in this legislation.
Please see HERE for how bad a bill this is. We need your help. In seven legislative days, SB 320 passed the same committee where SB 6 has been held for more than a year.
SB 320 is a bill written and pushed by the Georgia Chamber of Commerce. It is a very dangerous bill. It passed with ZERO “NO” votes in the state senate last week.
We are proud to have supplied the facts that resulted in consideration of GALEO’s Dax Lopez for a lifetime seat as a federal judge.
Please help us continue if you are able?
* YES to SB 6 – stop giving drivers licenses to illegal aliens.
* YES to SR 675 – let us vote on official English in November!
* NO to SB 320 – kill this bill in the House before it kills somebody in Georgia!
Copy Citation
Current through the 2019 Regular Session of the General Assembly and HB 276 and HB 444 of the 2020 Regular Session of the General Assembly
GA – Official Code of Georgia Annotated
TITLE 36. LOCAL GOVERNMENTPROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS
CHAPTER 60. GENERAL PROVISIONS
§ 36-60-6. Utilization of federal work authorization program; “employee” defined; issuance of license; evidence of state licensure; annual reporting; standardized form affidavit; violation; investigations
(a) Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.
(b) For purposes of this Code section, the term “employee” shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week.
(c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.
(d)
(1) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer’s federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.
(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.
(e) Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.
(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.
(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.
(h) Any person presenting false or misleading evidence of state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section.
(i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.
(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this Code section. During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section.
History
Code 1981, § 36-60-6, enacted by Ga. L. 1992, p. 1553, § 1; Ga. L. 2011, p. 794, § 12/HB 87; Ga. L. 2013, p. 111, § 4/SB 160.
OFFICIAL CODE OF GEORGIA ANNOTATED
Copyright 2020 by The State of Georgia All rights reserved.
Lt. Governor’s PAC reportedly kicks in $250,000 for narrow victory
Jason Anavitarte, controversial candidate for the Republican ballot in Georgia’s state senate District 31 primary contest has apparently squeaked past opponent Boyd Austin, a former mayor.
Austin has criticized Anavitarte as representing “outside interests” rather than the district; “…a breakdown of Anavitarte’s contributions from both his April 30th report as well as his latest one bear this out. In the April document 94 percent of Anavitarte’s contributions come from outside the district (with many from lobbyists). In the latest report, outside-the-district donations make up 97 percent of Anavitarte’s total. Only six individuals in the district gave a monetary contribution” according to a July note at Insider Advantage Georgia.
As of August 22, the Secretary of State website still shows results of the August 11TH primary contest as “Unofficial Results – Totals may not include all Absentee or Provisional Ballots” but watchers agree that Anavitarte will likely prevail in the final vote tally.
UPDATE: Final and official results show that Anavitarte won 10,574 to 10,348, a margin of 226 votes.
Anavitarte has drawn considerable attention since it was revealed that from 2006 -2009 he served on the board of the radical GALEO Inc. GALEO is well known as a corporate-fundedforce against immigration enforcement, ICE holds, 287(g), voter ID and official English. In 2006, the same year Anavitarte joined the board of directors, GALEO teamed with the ACLU, MALDEF, and the ADL in a protest rally against state immigration enforcement.
GALEO Director Jerry Gonzalez has illustrated the group’s mission with antics such as escorting admitted illegal aliens into the Georgia senate Chamber in an effort to stop passage of a 2006 bill, the Georgia Security and Immigration Compliance Act (SB529) – aimed at reducing Georgia’s attractiveness as a destination for illegal immigration. Gonzalez has also been criticized for badgering a diminutive female state Rep, Katie Dempsey, for her pro-enforcement position on E-Verify in a Rome, Ga. public forum.
GALEO’s Jerry Gonzalez. Photo: Dustin Inman Society
In early 2016, another former GALEO board member and state court judge, Dax Lopez, was passed over for confirmation after an Obama nomination for a lifetime seat on the federal bench due to his ties to GALEO. This writer was proudly credited with leading the opposition to the Lopez nomination with the research series ‘A Beginner’s Guide to GALEO’ posted on the Dustin Inman Society website in 2015 and 2016.
On its political blog, the Atlanta Journal Constitution has reported that a PAC, ‘Advance Georgia,’ founded by Georgia’s Republican Lt. Governor and president of the senate Geoff Duncan helped Anavitarte’s slim victory with a $250,000 infusion:
“Jason Anavitarte might owe Lt. Gov. Geoff Duncan a thank-you note for his apparent narrow GOP runoff victory over Boyd Austin in the contest to replace state Sen. Bill Heath, R-Bremen. The lieutenant governor’s PAC pumped about $250,000 into Anavitarte’s bid. He’s currently up by about 200 votes – a 1% margin says the liberal AJC Political Insider blog.
Georgia’s Lt. Governor and President of the Senate, Geoff Duncan. Photo: AJC.
“Jason Anavitarte is a former member of the Paulding County School Board and candidate for Senate District 31 in the Georgia Legislature. Most recently, Jason served as Senior Adviser of Lt. Governor Geoff Duncan’s campaign and served on the state finance committee for Governor Brian Kemp during the 2018 election. Jason has been named one of the 50 Most Influential Latinos in Georgia” according to Anavitarte’s campaign website, Campaign website (August 19, 2020).
Anavitarte, who has described himself as an admirer and supporter of Senator Marco Rubio, is a former Doraville City Council member and in 2005 filed to run for the state House as a Democrat. In the recent primary he was endorsed by the Georgia Chamber of Commerce and originally did not mention illegal immigration on his campaign site as an issue.
That changed after he drew the attention of pro-enforcement conservatives and the media. He now has stated policy positions on immigration that are curiously tailored to a candidate for federal office as opposed to a state senate seat, but has assured voters he is supports legal immigration without offering limits. From JasonAnavitarte.com:
“I support legal immigration and I want to see our current immigration laws upheld. I support the following reforms:
End chain migration. Stop the original immigrant from petitioning to bring their extended families into the USA.
Move to a merit-based skill categories system. This system would put an emphasis on education and skill as a basis for acceptance into the country.
Reform welfare. Deny welfare to anyone with a green card or visa.
NO AMNESTY! Enforcement of deportation will stop people from coming to our borders.
I support the use of e-verify by our businesses. We need to hire people that are legal to work here in Georgia.
No in-state tuition for illegal immigrants.”
Lt Governor Duncan’s PAC was the topic of AJC coverage in October, which included the observation: “the financial haul could also help Duncan exert more influence over a fractious Republican caucus that sporadically sparred during his first legislative session. Duncan said he preferred to view it as a “partnership” to support Republicans.”
According to the most recent estimates from DHS, Georgia is home to more illegal aliens than Arizona and enforcement of laws designed to deny jobs, benefits and services to illegals is routinely ignored by the Republicans who have run the state for *more than a decade nearly two decades.
Anavitarte and his committee and floor votes on illegal immigration-related matters will be the focus of much attention from conservative writers and voters when he becomes a state senator.
SPOILER ALERT, Mar 13, 2020: Republican Speaker David Ralston did not allow a vote on HB 1083 on Crossover Day.
Insider Advantage Georgia
The Forum
March 12, 2020 Crossover Day will reveal much about House GOP, sanctuary policies
D.A. King
How “pro-enforcement” is today’s Republican state leadership on illegal immigration? With today being Crossover Day under the Gold Dome, Georgia voters will hopefully be allowed a clear view of where their House Reps stand on sanctuary policies for criminal aliens – in a state with more illegal aliens than green card holders. In an election year.
HB 1083 from Rep. Jesse Petrea (R – Savannah) is all set to go to the floor – assuming GOP House leadership gives the OK to move it from the Rules committee. We will know by midnight tonight.
Georgia Speaker David Ralston
Basically, the commonsense bill makes it illegal for any local or state law enforcement agency to refuse to honor an ICE detainer or to decline to notify federal authorities before release of a prisoner in who ICE has an interest. The well-crafted and simple legislation also says that Georgia law enforcement must allow ICE to interview prisoners under their control and outlaws any policies that prohibit “participation in any program or agreement authorized under Section 287 of the federal Immigration and Nationality Act…”
Rep. Jesse Petrea; Ga General Assembly
Amending and greatly improving the definition of “sanctuary” in existing law, it’s an extremely good bill, perhaps light on immediate punishment for local agencies and officials that violate the language, but that is something that can be remedied.
The fact that Petrea’s bill gives common, everyday individuals a method of redress against a government entity – including law enforcement – found to be in violation of the above if the violation causes injury or death by an illegal alien is a giant step forward. And it is driving the corporate-funded anti-enforcement mob crazy with fear and anger.
When this writer last looked, Petrea’s bill had nearly fifty co-signers including at least one Democrat. DeKalb County’s Vernon Jones is signer number four.
A very honorable mention should go to Freshman Rep. Philip Singleton (R – Sharpsburg) for his hard work on his own anti-sanctuary bill (HB915) that served to drive consideration of Petrea’s bill.
GA state Rep Philip Singleton Photo: Georgia General Assembly
Readers here who may be wondering why they have not heard of this measure before now should know that while there is extensive exposure of legislation to reward illegal aliens with instate tuition and (inaccurate) coverage of a bill to end use of the legal and accurate term “illegal alien” to describe illegal aliens, no, the AJC has not done a story on HB 1083. So you likely read it here first.
Petrea’s public safety bill enjoys all the right enemies, including the usual suspects who are funded to fight against immigration enforcement with mindless and false howls of “anti-immigrant!” and “hate!”
Going in the opposite direction of sanctuary state California, and along with one of Gov. Brian Kemp’s campaign pledges on illegal immigration, HB 1083 will serve to save lives in Georgia if it becomes law. If it doesn’t, it will vividly illustrate the true values of the Republican leadership. Either way, tomorrow Petrea’s anti-sanctuary for criminal aliens legislation will no longer be treated as a secret by Georgia media.
If it becomes law, here’s hoping it is one of those laws that is actually enforced.
A political independent, D.A. King is president of the Dustin Inman Society, which advocates for final passage of HB 1083. Here.
