June 1, 2017

Responses received as of 1 June, 2017 – IERB complaints – educating adults, public benefits in violation of OCGA 50-36-1

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Response from the City of Atlanta   – Complaint HERE

Response from DeKalb (Cross Keys HS)   – Complaint HERE

Exhibits to Letter to Chairman Vinson DeKalb:Cross Keys

Response from Glynn County BOE     – Complaint HERE

Response to Complaint against Marietta City Schools     – Complaint HERE

Response to Complaint against Cobb County Schools   – Complaint HERE

Response from Hall County BOE   – Compliant HERE

Response from Bibb County BOE   – Complaint HERE

Response from Whitfield County BOE   – Complaint HERE

Response from Gwinnett County BOE   – Complaint HERE

April 24, 2017

IERB complaint – Cori Alston writes from the Georgia Dept of Education an entertaining response to complaint on educating adults illegally – March 3, 2017 ( See May 31 post for other letter)

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January 25, 2017

Complaint sent to IERB today, Glynn County School System – Violation OCGA 50-36-1

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GLYNN COUNTY SCHOOLS

IERB COMPLAINT Attachment to official complaint, 25 January, 2017                                                                            #4

Violation (s) of OCGA 50-36-1
Glynn County School System
Under Georgia law Public Benefits may only be administered to eligible applicants.

OCGA 50-36-1
“(f) (1) Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and

(B) Execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:

(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or

(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant’s alien number issued by the Department of Homeland Security or other federal immigration agency.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Adult education is listed in the law as a Public Benefit in Georgia law.

According to various printed information and solicitation from Glynn County Schools, including one HERE, the Glynn County School System has in place an ongoing program of adult education for parents of K-12 students.

I filed an open records request on January 18, 2017 ( HERE ) seeking the required affidavits and Secure ID documents that should be offered and collected from applicants for these adult education classes. I received a response on January 25, 2017, which I attach here:

“Mr. King,

The Glynn County School System does not offer Adult Education courses as referenced in your request. In compliance with federal guidelines, parents of enrolled students can attend classes designed to help them improve their English skills. The goal is to improve communication between the home and school and enable parents to effectively engage in their child’s education. As these classes do not meet the criteria of an Adult Education course, there is no documentation to provide regarding your request.

Sincerely,

***********************
Jim Weidhaas, APR
Public Relations Director
Glynn County Schools
P.O. Box 1677
Brunswick, GA 31521
(912) 280-1070
jweidhaas@glynn.k12.ga.us

A 1982 SCOTUS decision, Plyler v Doe established the policy that K-12 education must be provided to students regardless of immigration status. The position that educating adults in any public schools system with federal grant money administered by state and local governments is not “adult education” defies reason.

I note that federal law is clear on Public Benefits and is referenced in OCGA 50-36-1. The list of Georgia’s public benefits was taken directly from the U.S. DHS SAVE website for users. Georgia and its local governments have authority to use the SAVE system to verify immigration status for accessing public benefits. Including Adult Education.

The very purpose of OCGA 50-36-1 is to insure that tax dollars and public benefits do not go to ineligible recipients. It is no secret that because of their status as illegal aliens, many of the parents of K-12 students in Georgia, including Glynn County, are not eligible for most public benefits – including Adult Education – regardless of the reasoning behind providing such benefits.

In my educated opinion, the Glynn County School System is in violation of state law regulated by the IERB and – separately and additionally – by the Georgia Attorney General. Again.

Please begin the process of investigation and enforcement.

D.A. King
Marietta
I am a registered voter

January 18, 2017

Official complaint sent to Gwinnett County Sheriff today – Re; Gwinnett County Board of Education OCGA 50-36-1 *updated

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*Update: Mr. Jorge Gomez (really nice guy!) replied this morning to my open records request mentioned below:

Mr. King,

Thank you for our conversation the other day. I have looked into this
matter for your requested documents and there are no documents responsive
to your request (affidavits and/or secure IDs).

If I can be of any further assistance please do not hesitate to contact me.

Jorge Gomez
Executive Director of Administration and Policy
Office of the CEO/Superintendent
Gwinnett County Public Schools
J. Alvin Wilbanks Instructional Support Center
437 Old Peachtree Road, NW
Suwanee, GA 30024-2978

Phone: 678 301-6005
Fax: 678 301-6007

January 18, 2017

Official complaint and request for investigation and prosecution

Sent electronically via email

Sheriff Conway,

Please regard this letter as my complaint and request for enforcement action on the violations described and documented below.

Violation of OCGA 50-36-1
Gwinnett County Board of Education, Gwinnett County Public Schools/ International Newcomer Center et al

Under Georgia law Public Benefits may only be administered to eligible applicants.

OCGA 50-36-1
“(f) (1) Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and

(B) Execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:

(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or

(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant’s alien number issued by the Department of Homeland Security or other federal immigration agency.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Adult education is listed in the law as a Public Benefit in Georgia law.

According to various news reports, including one HERE and conversations with staffers at Gwinnett County Public Schools, the Gwinnett County Board of Education, is conducting Adult Education classes at an official entity known as the ‘International Newcomer Center.’ Apparently, there is no system in place to comply with state law that requires verification of eligibility for this public benefit.

In my educated opinion, the leadership of Gwinnett County Board of Education, Gwinnett County Public Schools and the International Newcomer Center are in violation of state law.

I am confident that your office will begin the process of investigation and enforcement and forward the results to the Attorney General’s office and any other office that may have an obligation to enforce or adjudicate state law.

Please note that I have sent similar complaints and documentation to the AG’s office in the past and have not received a reply and am not aware of any action taken.

Please know that I am among the majority of Georgians who value the work you and your officers and staff do every day and that I express my utmost gratitude for your attention to duty and the rule of law.

Very Respectfully submitted,

D.A. King

Marietta, Ga. 30066

September 29, 2016

September 15, 2016 complaint sent to Georgia AG, City of Atlanta violation of OCGA 50-36-1 and 36-60-6

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September 15, 2016
via email. 1 of 2

Re; citizen complaint, City of Atlanta violation of OCGA 50-36-1 and 36-60-6

Dear Attorney General Olens,

The City of Atlanta has admitted that it cannot produce and does not possess affidavits (and other documents) which are required to be collected when renewing business licenses for the Coca Cola Co. and the Georgia Association of Latino Elected Officials Inc., both of which are licensed to do business in Atlanta and have renewed business licenses each year since applicable laws went into effect.

Using Georgia’s Open Records Act I have requested copies of the required affidavits from the City of Atlanta and eventually (well beyond the three-day time period) received a response that did not include most of the requested documents. I can see an internal note on one of the documents that indicates the City of Atlanta is aware of the missing affidavits.

Included in my request were the SAVE (relative to GALEO) and E-Verify (Coca Cola & GALEO) affidavits for the years 2013, 2014, 2015 and 2016 mandated in OCGA 50-36-1 and 36-60-6. I am including my request and the entire City of Atlanta response for your education and possible investigation.

Please note, I have also asked for copies of the above documents for “the Georgia Power Co.” but have not received any mention of that entity in Atlanta’s response. That may be because I was incorrect in the proper/business name of a well-known Georgia energy corporation that is doing business in Atlanta. I hope that can be cleared up in any investigation.

* If this initial request for action is directed to your office in error, please direct me to the proper authority.

* OCGA 36-60-6
“(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.”

* OCGA 50-36-1
“(p) The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney’s fees and expenses of litigation incurred in bringing such an action and investigating such violation.”

I am also forwarding my electronic request and the response from the City of Atlanta in an email to follow marked ‘2/2.’

I look forward to a response from your office.

Respectfully,

D.A. King
Marietta, Ga.

November 9, 2017

IERB Complaint from Lt. Governor Casey Cagle

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Click on page to view 4 page document.

November 8, 2017

Attachment to complaint sent to IERB today – City of Atlanta, compliance report

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ForWeb.com

Attachment to complaint against the City of Atlanta – D.A. King

The IERB has already found the City of Atlanta to be in violation of OCGA 50-36-1 in that Atlanta illegally processed and renewed business licenses without offering or collecting the required SAVE affidavits. These violations were estimated to number about 1400 each year for a period of at least five years – (2012-2016) – depending on when the 2017 business license renewals were processed.

1) Additional violation: False annual compliance report

OCGA 50-36-1 also requires that each agency administering public benefits file an annual compliance report. Assuming that the City of Atlanta filed such a report each of the years in question, those reports would be false. There is also a violation if such reports of compliance were not filed.

(OCGA 50-36-1 – “(k) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. Agencies and political subdivisions subject to the requirements of this subsection 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 subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any financial assistance, funds, or grants from the Department of Community Affairs.”

2) Request for remedial action and investigation of settlement of prior complaint against the city of Atlanta: Re; Business license/occupational tax certificate for La Amistad, Inc. located at 3434 Roswell Road, NW Atlanta, GA.

La Amistad Inc. is operating in the city of Atlanta and was apparently one of the businesses from which Atlanta had not collected a SAVE affidavit as described above. A reply to an open records request (attached, marked “A”) reveals that the city of Atlanta does not have a SAVE affidavit (or an E-Verify affidavit) on file from La Amistad as of October 18, 2017. This is despite the pledge from Atlanta to rectify the violation for which the IERB has fined Atlanta.

I hereby request that the board investigate the original date of any business license issued to La Amistad Inc. so as to confirm that business was part of the list of non-profits excluded from the affidavit requirement of OCGA 50-36-1 by Atlanta.

Regardless of the original date of licensing, I also request that the board use its investigative authority and budget to learn why Atlanta has not collected the required SAVE affidavit from La Amistad. Operating a lawful administration of public benefits was a condition of the settlement of the prior complaint and sanction of $1000.00.

November 6, 2017

OCGA 50-36-3 Immigration Enforcement Review Board (HB 87, 2011)

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GEORGIA CODE
Copyright 2017 by The State of Georgia
All rights reserved.

*** Current through the 2017 Regular Session of the General Assembly. ***

TITLE 50. STATE GOVERNMENT
CHAPTER 36. VERIFICATION OF LAWFUL PRESENCE WITHIN UNITED STATES

O.C.G.A. § 50-36-3 (2017)

§ 50-36-3. Immigration Enforcement Review Board; membership; duties; sanctions; civil actions

(a) As used in this Code section, the term:

(1) “Board” means the Immigration Enforcement Review Board.

(2) “Public agency or employee” means any government, department, commission, committee, authority, board, or bureau of this state or any political subdivision of this state and any employee or official, whether appointed, elected, or otherwise employed by such a governmental entity.

(3) “Served” or “service” means delivery by certified mail or statutory overnight delivery, return receipt requested.

(b) The Immigration Enforcement Review Board is established and shall consist of seven members. Three members shall be appointed by the Governor, two members shall be appointed by the Lieutenant Governor, and two members shall be appointed by the Speaker of the House of Representatives. A chairperson shall be selected by a majority vote of the members. All matters before the board shall be determined by a majority vote of qualified board members. Members shall be appointed for terms of two years and shall continue to hold such position until their successors are duly appointed and qualified. A member may be reappointed to an additional term. If a vacancy occurs in the membership of the board, the appropriate appointing party shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified.

(c) The board shall be attached to the Department of Audits and Accounting for administrative purposes. The members of the board shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with the investigation and review of complaints from funds of the board appropriated to the Department of Audits and Accounting for such purposes.

(d) The Immigration Enforcement Review Board shall have the following duties:

(1) To conduct a review or investigation of any complaint properly filed with the board;

(2) To take such remedial action deemed appropriate in response to complaints filed with the board, including holding hearings and considering evidence;

(3) To make and adopt rules and regulations consistent with the provisions of this Code section; and

(4) To subpoena relevant documents and witnesses and to place witnesses under oath for the provision of testimony in matters before the board.

(e) The board shall have the authority to investigate and review any complaint with respect to all actions of a public agency or employee alleged to have violated or failed to properly enforce the provisions of Code Section 13-10-91, 36-80-23, or 50-36-1 with which such public agency or employee was required to comply. Complaints may be received from any legal resident of this state as defined by Code Section 40-2-1 who is also a legally registered voter. The method and grounds for filing a complaint shall be posted on the Department of Audits and Accounting’s website.

(f) The board shall meet at a minimum of once every three months and shall send a notice to all interested parties of the places and times of its meetings. The board shall issue a written report of its findings in all complaints which shall include such evaluations, judgments, and recommendations as it deems appropriate.

(g) The initial review or hearing may, as determined by the board, be conducted by the full board or by one or more board members. Such review panel or members shall make findings and issue an initial decision. The initial decision shall be served upon the complaining party and the applicable public agency or employee that is the subject of a complaint within 60 calendar days. If the findings are adverse to the public agency or employee, or both, such party shall have 30 days to take the necessary remedial action, if any, and show cause why sanctions should not be imposed.

(h) In the event that the remedial action does not occur to the satisfaction of the review panel or members, the reviewing panel or members shall make a recommendation specifying an appropriate sanction. Sanctions may include revocation of qualified local government status, loss of state appropriated funds, and a monetary fine of not less than $1,000.00 or more than $5,000.00. Sanctions shall only be imposed against an individual employee or official where there is a finding supported by a preponderance of the evidence that such individual knowingly and willfully violated or failed to abide by the provisions of Code Section 13-10-91, 36-80-23, or 50-36-1.

(i) The initial decision or recommendation for sanctions, or both, shall be served upon the complaining party and the applicable public agency or employee that is the subject of a complaint. Where an initial decision is made by fewer than the entire board, the decision may be appealed to the full board. Appeals shall be filed with the board not later than 30 days following the recommendation for sanctions, or 30 days following the initial decision, if no adverse findings were made. Appeals may be made by the complainant or sanctioned public agency or employee. The full board shall by majority vote affirm, overturn, or modify the initial decision. The board may conduct a further hearing on the matter, or make a final decision based on the record from any previously held hearing by the original reviewing panel or members, or determine that no action is necessary based on the information before the board. Where the initial decision or recommendation is made by the full board, such decision shall be the final decision of the board following 30 days after service on the public agency or employee, unless further action is taken by the board prior to the expiration of the 30 day period.

(j) When a public agency or employee fails to take the specified remedial action, the Attorney General shall be authorized to bring a civil mandamus action against such public agency or employee to enforce compliance with applicable law and the sanctions recommended by the board. Nothing contained in this Code section shall prohibit the Attorney General from seeking any other remedy available by law.

HISTORY: Code 1981, § 50-36-3, enacted by Ga. L. 2011, p. 794, § 20/HB 87.

November 2, 2017

Candidate Casey Cagle should file a formal complaint with the Immigration Enforcement Review Board if he thinks City of Decatur is in violation of state law on sanctuary cities – (they aren’t)

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Casey Cagle – photo Global Watchdog

 

Georgia gubernatorial candidate Casey Cagle says the City of Decatur is in violation of state sanctuary city law. We think he has received some bad legal advice on this one. But if he is convinced of a violation, he should file a complaint with the  IERB, which has authority on the sanctuary city law. Here is how to file. If there were a violation, we already would have filed.

We hope the Lt. Governor and his opponents in the race focus on improving existing statutes and real violations of state law aimed at protecting Georgians from the perils of illegal immigration. But the  Georgia Chamber of Commerce et al would not approve…

We think we may see a squirrel.

October 27, 2017

Letters to AJC editor October, 2017 – (*UPDATED) these people have copied me on letters to the editor in response to the AJC smear written by Jeremy Redmon – it is a growing page. I am grateful for the effort.

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photo: AJC.com

The AJC “news” report is HERE.

I have added some links to the letters below to educate the reader. I post them here in case the AJC forgets to publish any of them.

 

Readers Write: Oct. 31

 Our Readers

Story paints inaccurate portrayal of King

The recent story (“Georgia’s immigration enforcement panel draws scrutiny,” News, Oct. 23) about D.A. King of the Dustin Inman Society was an obvious hit piece against King. The article implies that since that virtually all of the complaints filed with Georgia’s Immigration Enforcement Review Board were filed by him, King was some sort of misguided “gadfly” out there on his own. The AJC did not consider that King has been on point because of his obvious knowledge of this board and that many of us, rather that contacting the board on our own, would simply channel our findings to King.

For the discredited Southern Poverty Law Center to call King’s organization a “hate group” is ludicrous, given the SPLC’s bigotry and profiteering. As for Jerry Gonzalez of the Georgia Association of Latino Elected Officials, Gonzalez has  long attempted to destroy any effort to enforce our immigration laws.

ERNEST WADE, LOGANVILLE

*Added October 30, 2017 8:45 PM: The letters below were sent to the AJC and copied to me. The one above was posted tonight in the AJC for the Oct. 31 edition. The author did not copy me.

__

To the editor,

As an immigrant and an advisory board member of the Dustin Inman Society, I find your articles that repeatedly characterize the Dustin Inman Society as anti-immigrant, and now via slanders of the Southern Poverty Law Center, as a “nativist extremist group,” to be extremely offensive.

My parents and aunts and uncles fled a communist regime and spent years in refugee camps, and only emigrated after finding sponsors. They went through the proper steps.

One of the most important civics lessons I learned as a schoolgirl in Rochester, New York, in the 1960s was that the United States system was based on fairness.

To blur the lines between legal and illegal, as your newspaper has repeatedly done, is a violation of the underlying principles of American justice and an insult to all immigrants.

Sincerely,
Mary Grabar
Clinton, NY 13323

Dear editor,

My family recently returned to Texas where I grew up in a border town after 16 years in the Atlanta area. We still monitor Georgia politics, especially immigration issues. I am a proud Latina donor and board member of The Dustin Inman Society; we follow our friend D.A. King’s efforts to help people understand the truth on immigration and the law.

I was stunned and outraged when I read the AJC piece on King and the Immigration Board that curiously featured the SPLC and remarks from Jerry Gonzalez of GALEO. Gonzalez is widely known for opposition to any immigration enforcement efforts – state or federal. The Anti Defamation League has criticized SPLC for faking a “hate-group” crisis.

Georgia corporations, including the AJC’s parent company, Cox Enterprises, largely fund GALEO. It is insulting that this wasn’t noted in the AJC piece about D.A. King and The Dustin Inman Society’s citizen donors.

Maria Silvia Montoya

Sherman, TX 75092

Dear editor,

As a Black American conservative and proud member of the Board of Advisors of the Dustin Inman Society, I was saddened to see the AJC report on the Immigration Enforcement Review Board that seemed to stray into smear politics.

I have been a friend of D.A. King for more than a decade and have worked alongside him as a volunteer at the Gold Dome to educate legislators on our illegal immigration crisis. I have also watched the SPLC smear conservative political opponents as “hate groups” in an effort to discredit our work. Referring to D.A. King as anything but an honest, hard working patriot who believes in immigration sanity is shameful.

I have had first hand experience with the SPLC when, along with many Black, Asian and Hispanic Americans, I attended an informative 2015 immigration seminar in Washington, DC that the SPLC later falsely described as a “white nationalist” meeting.

The AJC has damaged its reputation by using the race-baiting and discredited SPLC as an authority on immigration and integrity.

Inger Eberhart
Kennesaw

To the editor:

Your article entitled “Georgia’s immigration enforcement panel draws scrutiny” came across as over the top biased against the Dustin Inman Society and its founder D.A. King. The credibility really went down the tubes when you used The Southern Poverty Law Center (SPLC) as a supposed reliable source. By their definition I would be considered a hate group because of a Christian organization I belong to that believes in traditional values. You can do better than this.

Leslie McPherson
Villa Rica, GA

Dear editor,

Re; the AJC on D.A. King: The Dustin Inman Society is named after a 16 year-old Woodstock boy who was killed by an illegal alien who escaped capture and is now hiding out in Mexico. D.A. King has been fighting illegal immigration since he quit his own business in 2003. In your report we find out the SPLC wants to label The Dustin Inman Society a “hate group.”

King should be thanked for the complaints against the officials in Georgia who are evidently violating state laws.

The SPLC is a fake civil rights group that has a poor record. In 1994 Alabama, the Montgomery Advertiser newspaper reported African-Americans had never “held top management positions in the center’s [then] 23-year history, and some former employees say blacks are treated like second-class citizens.”

That the AJC reporter used the discredited SPLC to attack King and the Dustin Inman Society says a lot about the AJC reporter.

Bill Buckler

Kennesaw

Editor,

The article this week about the Dustin Inman Society and complaints about violations of state laws on illegal immigration filed by D.A. King seemed to us like the AJC had other things on their mind.

Inserting the SPLC into the news article was rather obvious.

My wife is an immigrant, which means she is here lawfully. We resent the AJC headlines that read “immigrant” when the topic of the story is clearly illegal aliens who are usually portrayed as victims. We want our borders secured and our laws enforced. Even for immigrants. The SPLC attacks virtually everyone who thinks like this. Your reporter also told us that Jerry Gonzalez doesn’t like King or the immigration enforcement board, but we saw no reference to where Gonzalez gets the money to operate GALEO while he protests against immigration enforcement.

We need more D.A. Kings and far fewer people like Gonzalez and the SPLC staff. And we need fair reporting.

John Litland

Marietta

 

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