September 25, 2012

D.A. King’s September 24, 2012 letter to the Georgia Attorney General – Sam Olens – asking for legal action against department heads who refuse to obey state immigration and employment laws

Posted by D.A. King at 9:35 am - Email the author   Print This Post Print This Post  

Updated: Response from AG office:

Subject: RE: Request for prosecution/civil action of verified and admitted violation of state immigration-related law, Georgia Attorney General
Wednesday, September 26, 2012 6:08 PM

Mr. King,

We are in receipt of and have reviewed the below request. Upon review and inquiry with the Immigration Enforcement Review Board, it is clear that each of your complaints are still fully pending before the Board. Because the sole purpose for which the General Assembly created the Board was enforcement of the statutory provisions at issue in your complaint, and the Board currently has an enforcement action pending on this very matter, it would be imprudent for us to proceed separately with your complaint at this time.

If you wish to discuss this matter further, please feel free to call me.


Nels Peterson

24 September, 2012 D.A. King

Honorable Mr. Sam Olens
Attorney General, State of Georgia
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Ga 30334

Sent via email – also shared with selected media outlets corrected version

Request for prosecution/civil action of verified and admitted violation of state law

Dear Mr. Olens,
I write to ask your office to begin civil action/prosecution/ for violations of state law (OCGA 13-10-91 & OCGA 50-36-1) regarding protection of taxpayer funded public benefits and preservation/protection of jobs and employment positions for legal Georgia residents.

As you know, existing law (OCGA 45-10-28) allows your office to collect penalties of up to $10,000.000 from department heads who violate these laws. Further, Georgia law clearly allows action from your office to sanction violators independently from any action – or inaction – of the Immigration Enforcement Review Board (IERB).

Having been involved in filing valid, well researched and documented complaints with the IERB and witnessed one of their meetings at which two valid complaints were set aside while a third was defected to a future meeting – despite a clear public admission from the Commissioner of Community Affairs that his agency has been in violation of Georgia law since January 1, 2010 – I have little hope that any real or meaningful sanctions will be imposed on any department heads or officials who violate the laws I cite above.

Currently, the many illegal immigration/illegal employment laws the Georgia legislature has passed and that two governors have signed into law since 2006 are regarded as “compliance optional” with a wink and a smiling nod by many state agencies and local governments and their well-funded lobbying corporations.

In July of this year I filed three valid and legal complaints with the IERB. In the interest of time and ease of processing for your office, I am filing this request electronically and using the information already collected and prepared as background and evidence for this complaint to and request for action from your office.

My original complaints to IERB regarding violation of the above laws can be read HERE. I hope that all department heads involved will be considered for sanctions by your office.

Additional information on complaints.


I am now told that the number of agencies which have not filed the required reports focused on E-Verify has dropped to around 500. This, after multiple warnings over the course of several months by the Department of Audits and accounts regarding action that was mandated by state law before December 31, 2011. I respectfully urge you to prove that Georgia law will be enforced as deterrence to future refusal to comply.


A written response from Mike Beatty, Commissioner of the Georgia Department of Community Affairs office to the IERB is HERE. Please note in addition to the admission in this letter, on Thursday, September 20, 2012 Commissioner Beatty addressed the IERB in an open meeting and acknowledged and admitted that his office has been in violation of Georgia law since January, 2010.

While the Atlanta Journal Constitution newspaper sent a reporter to the September 20th meeting, that newspaper did not make any of that admission public and to my knowledge, published no report on the admission by Commissioner Beatty.

The Associated Press also had a reporter present and did report on the meeting and Beatty’s admission. That AP news report can be read HERE. I respectfully urge you to prove that Georgia law will be enforced as deterrence to future refusal to comply.


Again, the requirements under Georgia law for these agencies have been in place since 2010. I respectfully urge you to prove that Georgia law will be enforced as deterrence to future refusal to comply.

Mr. Olens, I am not certain that this electronic correspondence to your office is the correct and acceptable method of contact.
I am sure that the information here is accurate and that the violations detailed here are quite real. I appeal to you to take action on my complaints and to inform me if this letter and background material should be sent to your office in a hard-copy format.

Very respectfully,

D.A. King
Marietta, Georgia 30066