July 18, 2017

DDS – If you are new to Georgia from another U.S. state, you must give up your previous state’s drivers license to get one from Georgia- if you are from a foreign nation you can keep your old license in usable form – two drivers licenses! Same for ID cards!

Posted by D.A. King at 9:31 pm - Email the author   Print This Post Print This Post  

Click on image to enlarge. See bottom paragraph.

Screen shot taken about 10:30 PM July 18, 2017

DDS page HERE

 

Georgia DDS (our DMV) offers the road rules test for a drivers license in eleven foreign languages

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Photo: D.A. King

 

DDS website screen shot taken at about 10:15 July 18, 2017.  DDS page HERE

 

DDS says it verifies lawful status of drivers issued licenses and ID, but drivers license and ID is not proof of lawful status in the U.S. – got that?

Posted by D.A. King at 10:54 am - Email the author   Print This Post Print This Post  

 

 

Screen shot of DDS page done Tuesday, July 18, 2017 about 11:45 AM  Link to page is HERE.

 

 

July 17, 2017

D.A. King on Insider Advantage Georgia today:House Bill 452: An important public safety clarification

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Insider Advantage Georgia

July 17, 2017

D.A. King

 

House Bill 452: An important public safety clarification

A recent Georgia Public Television report on state Rep. Jesse Petrea’s HB 452 passed in the 2017 year’s legislative session needs a lot of clarification. We are happy to help.

Two years in the making, and carefully researched, HB 452 was written to require the Georgia Bureau of Investigation to share information it has been receiving from federal authorities on aliens who have been convicted of crimes in the U.S. and then released back onto the streets of Georgia instead of being deported.

GBI has been getting the data since August 2015 in a system called ‘EID/LENS.’

In early 2016, and after much searching, this writer was unable to locate a single Georgia sheriff – including in some of our most illegal alien populous counties– who was aware the information was available or going to GBI. Petrea’s bill has changed that curious fact.

Language in the law requires two separate actions: That GBI send the EID/LENS info to the Georgia Sheriff’s Association – and to post it on the GBI website to warn the public about newly released, dangerous criminal foreigners in their communities. Some of these individuals have convictions for homicide, rape, kidnapping and child molestation.

The common-sense idea was to follow the logic of the public sex offender registry.

As InsiderAdvantage reported during the committee process on HB 452, nationwide, Immigration & Customs Enforcement released 19,723 criminal aliens in 2015 alone.

As GPTV reports, citing privacy concerns and federal law, immigration officials now indicate they will not allow the public to have access to the information sent to GBI because it is on a “need to know basis.” But that isn’t what the feds said prior to HB452. “When crafting the bill, I was very careful to examine the published guidelines on privacy for EID/LENS by the Department of Homeland Security. That policy stated clearly that the states had the authority to create their own policies for sharing this important data” Petrea told me last week.

He is referring to a September 2015 “Privacy Impact Assessment Update for the Enforcement Integrated Database (EID) Law Enforcement Notification System (LENS)” put out by DHS. A key part of the guidelines on privacy in the release seems clear enough:

External Sharing and Disclosure Privacy Risk:

There is a risk that law enforcement agencies may further disseminate ICE’s data to those without a need to know.
Mitigation: This risk is only partially mitigated by DHS. Every LENS notification indicates that the data contained within is For Official Use Only and should be disseminated only on a need to know basis. However, ICE is limited in its ability to monitor and control use of the data by law enforcement agencies once a notification is made. Ensuring that the notification is shared with the appropriate entities is a responsibility of the law enforcement agency initially receiving the data, and any further dissemination may be governed by the state’s laws and policies on information sharing” (emphasis mine).

It is notable that the contact point listed on the 2015 privacy guidelines was Thomas Homan who was then Executive Associate Director, Enforcement and Removal Operations for ICE.

Homan is now Acting Director of ICE under President Trump.

The direct result of Petrea’s tireless work on passage of his HB 452 language is that GBI has now started sharing the criminal alien release information with the Georgia Sheriff’s Association. “That accomplishment alone is a major success” said Petrea. We agree.

Notification that Georgia law enforcement agencies can also directly subscribe to the EID/LENS information provided to GBI since August 2015 was finally posted on the GBI-operated Georgia Crime Information Center’s website – on June 26, 2017. Thank you, Representative Petrea.

“Going forward, I expect that we will clear up any issues halting the implementation of the second half of the bill which allows the public transparent access to data on criminal aliens released into their communities” says Petrea. We hope so.

Rumor has it that the privacy policy on criminal aliens and information sharing procedure is under review in Washington, D.C. We hope so.

The concept that the American public has no “need to know” when already-captured, deportable, criminal aliens are set free is not only ludicrous, but inherently dangerous.

HERE.

D.A. King is president of the Dustin Inman Society

July 13, 2017

Georgia Governor Nathan Deal’s Department of Drivers Services (our DMV) has altered the official DDS website with an intentional false statement on drivers license eligibility – “lawful status” – *UPDATED

Posted by D.A. King at 8:23 pm - Email the author   Print This Post Print This Post  
  • Added 17 July, 2017 4:33 PM – While DDS is telling lawmakers that they only issue drivers licenses to applicants with “lawful status” while it issues drivers licenses to DACA recipients, the Governor Deal-appointed Attorney General (Chris Carr) is telling the liberal media that DACA (an Obama deferred action executive amnesty program) “does not confer legal status.”

“As Attorney General, I take seriously my duty to defend the Constitution of the United States and the Constitution and laws of the state of Georgia. We have continuously and clearly taken the position in ongoing legal cases that DACA does not confer legal status,” Carr said. “It is important to remember that it is properly the role of Congress to address immigration issues from a legislative perspective.” HERE.

 

This post dedicated to @CaryLen and all the Americans who “know” the media and the politicians will never lie to them.

photo: NBC News

Illegal aliens with deferred action on deportation are still illegal aliens. Or “non-citizens without lawful/legal status.” Georgia has issued about 30,000 drivers licenses and official photo ID cards to illegal aliens, most with DACA, but not all. Some of these victims of borders have already been convicted of crimes (some violent) and are under deportation orders.

Link to DDS page shown below is HERE. 

Screen shot below July 13, 2017 at about 9:15 PM

Short version: Illegal aliens with deferred action on deportation including Obama’s illegal DACA amnesty do not have “lawful status.” Never say that the liberal media will not colude with the Chamber of Commerce Republicans who rule Georgiafornia.

USCIS website on DACA and deferred action on deportation:

“What is DACA

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.”

 

Mexican, Guatemalan citizens charged with trafficking guns and drugs in Gainesville – CBS Atlanta

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CBS Atlanta 46

Mexican, Guatemalan citizens charged with trafficking guns and drugs in Gainesville

July 11, 2017
GAINESVILLE, GA (CBS46) –

Miguel Angel Rosas-Ramirez and Eduardo Estrada Medina have been arraigned on federal firearm and drug charges. A federal indictment charges that Rosas-Ramirez, a citizen of Mexico, used an unlawfully obtained concealed carry permit to purchase multiple firearms, which his alien status prohibits under federal law, and that he then sold the guns to others, including Estrada. The indictment further charges that Estrada, a citizen of Guatemala, illegally reentered the United States after being deported, purchased several weapons from Rosas-Ramirez, and trafficked in methamphetamine.

“Guns are an all-too-frequent part of the illegal drug business, and the majority of these guns arrive in drug dealers’ hands from illegal firearm trafficking as alleged in this case,” said U. S. Attorney John Horn. “This case is even more troubling because one of the alleged gun purchasers already had been deported once as a result of illegal drug trafficking, and yet found his way back to the United States and to the dangerous combination of methamphetamine and guns.

“ATF’s involvement in securing this indictment is a prime example of the successful use of federal laws to confront, engage and eliminate criminal activity. Criminals must understand that there are serious repercussions for illegal trafficking of narcotics and illegal possession of firearms and that ATF will contribute all necessary time and effort to ensure that the individuals responsible are brought to justice,” said Assistant Special Agent in Charge John Schmidt.

According to U.S. Attorney Horn, the charges, and other information presented in court, Rosas-Ramirez falsely claimed to be a U.S. citizen in order to obtain a Georgia Weapons Carry Permit. He then allegedly used the permit to illegally purchase over 100 firearms in the past year, several of which have been recovered in the hands of illegal aliens who were themselves trafficking drugs. The indictment charges that Eduardo Estrada Medina, who was also known as Miguel Angel Donis-Gonzalez, not only possessed firearms that Rosas-Ramirez purchased, but also had 8.8 kilograms of suspected methamphetamine, over $140,000 cash, and other drug paraphernalia in his home. Medina was deported in January 2013 after he was convicted of drug trafficking. He then illegally re-entered the United States.

Medina faces charges of unlawful possession of firearms by an alien, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of drug trafficking activity, possession of an unregistered silencer, and unlawful possession of firearms by a felon. Rosas-Ramirez has been charged with unlawful possession of firearms by an alien, unlawful dealing in firearms, unlawful claim to U.S. citizenship, and 18 counts of fraudulent statements to licensed gun dealers in connection with firearms purchases…Read the rest HERE.

July 11, 2017

Reality bites – Enforcement works and we still eat food in Georgia! A reply to Tom Philpott and Mother Jones

Posted by D.A. King at 8:52 pm - Email the author   Print This Post Print This Post  

Photo: New York Times -Buster Haddock, an agricultural scientist at the University of Georgia, in a field where cotton never had the chance to grow. Credit Grant Blankenship for The New York Times

 

I sent a version of the below reply to Mother Jones editors in San Francisco, but just in case they forget to post it, I also put it here. While I eat a Georgia peach.

dak

 

Tom Philpott’s recent Mother Jones rant on President Trump’s immigration enforcement policy (Trump’s Crackdown on Immigration Is Terrible News for Anyone Who Eats Food – And it’s particularly bad news for farmers.) strains credibility in multiple ways. That includes his wildly inaccurate premise that Georgia lost $103.6 million because our legislature took action to protect jobs, wages, benefits and services for legal residents. Note to Mother Jones editors: This is a very popular concept in mainstream America.

As a fellow eater and one who was proudly involved in the creation of the 2011 Georgia law, (HB 87) that Phillpot cites as yet another reason to ignore our borders and immigration laws, I offer some first-hand reality.

Philpott’s first paragraph starts him down the path of fiction when he tells readers “in the spring of 2011, Georgia’s fruit and vegetable growers faced a crippling drought. But it wasn’t for lack of rain; rather, their supply of farmworkers had dried up almost overnight. “

The reality is that 2011 brought a historically severe drought in South Georgia’s farmlands and across much of the nation.

The New York Times reported it like this:

“COLQUITT, Ga. — The heat and the drought are so bad in this southwest corner of Georgia that hogs can barely eat. Corn, a lucrative crop with a notorious thirst, is burning up in fields. Cotton plants are too weak to punch through soil so dry it might as well be pavement.

Farmers with the money and equipment to irrigate are running wells dry in the unseasonably early and particularly brutal national drought that some say could rival the Dust Bowl days.

“It’s horrible so far,” said Mike Newberry, a Georgia farmer who is trying to grow cotton, corn and peanuts on a thousand acres. “There is no description for what we’ve been through since we started planting corn in March.”

Our governor declared twenty-two South Georgia farming counties disaster areas because of the drought in 2011. We can’t imagine how Philpott missed this.

It is true that here in “the Peach State” the powerful Ag lobby struggled to blame the 2011 crop losses on HB 87 when they could not kill the legislation in the committee process. The law requires use of the no-cost E-Verify system for most private employers – including growers.

But it is also true that many Georgia growers have the same attitude on field labor and government regulations that their predecessors had in 1859.

Philpott has every right to argue against enforcement of our immigration laws and thereby support open borders. But he should not be allowed to invent his own “facts.” As he noted, HB 87 did require the Georgia Department of Agriculture to give a report on the law’s impact on farming. That January 2012 report shows that HB87 had little impact on agriculture. We hope people actually read it – our Agriculture Commissioner is the former head of a Big Ag lobby enterprise here.

Actually, reported losses in 2011 totaled $10 million – or what a math whiz tells me is roughly 0.015 percent of the state’s total agricultural output in 2009. About 1% of employers who hired fewer full-time workers blamed HB 87; 54 percent blamed the economy or the weather (7 percent of employers who hired fewer part-time workers blamed HB 87; 40 percent blamed the economy/weather). Thirty-four percent actually hired more workers. Dry stuff, ehh?

Philpott does correctly note there is a legal method for the Ag industry to obtain temporary foreign workers when they refuse to pay a wage that draws American workers. It’s called the H2A visa.

In the 2011 committee process on HB 87 in our state Capitol, I watched the growers and their arrogant and well-paid lobbyists plead with legislators to allow them to continue to use the “more flexible” black market labor they have abused for decades. The legal, “H2A workers are too costly” they fearlessly admitted then.

Philpott’s tale of immigration enforcement and plunging food supplies is not new. In 2011, there were caravans of liberal, anti-enforcement “journalists” flocking from glistening Atlanta TV studios to stand in the middle of dusty South Georgia onion and corn fields with drought-withered crops on camera telling us that because of HB 87, E-Verify and immigration enforcement, we would likely never eat a Georgia-grown fruit or vegetable again. Oh, my. Many of us laughed that “crops dying on the vine because of borders” was on the F4 key.

Fast forward: It is also true that in 2012, the value of Georgia agricultural exports topped $3.32 billion, a 26 percent increase from 2011. And that Georgia’s agricultural exports reached an estimated $3 billion in 2013, up from $1.8 billion in 2009. And that since 2011 and passage of HB 87 and our E-Verify law, Georgia has been declared “the No. 1 state in which to do business” three times by the influential Site Selection magazine.

Here in Georgia, where English is an optional language and the Ag industry continues to fight immigration enforcement, six years after HB 87 we still enjoy eating Georgia-grown veggies and fruit. The farmers are grudgingly moving to the legal labor that has always been available though the H2A visa.

President Trump’s immigration enforcement policy is working and Tom Philpott’s howls prove that happy fact.

##

*Updated July 12 at 3:42 PM. (added “or what a math whiz tells me is”)

IERB complaint, Georgia Southern president Jaimie Herbert and GSU language instructor Amy Perry – sent today

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photo: Georgia Southern University

 

 

 

 

VIOLATION OCGA 50-36-1

(blank official compliant form HERE)

* Attachment to July 12, 2017 complaint – Jaimie Herbert & Amy Perry
Working at Georgia Southern University

As designated in OCGA 50-36-1, adult education is a public benefit and administration of all public benefits by official agencies requires verification of eligibility by applicants. This verification process entails the administering or providing agency to offer and collect a sworn affidavit of eligibility from the applicant as well as secure and verifiable ID.

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.

(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.

Jaimie Herbert, as president of Georgia Southern University has apparently allowed Amy Perry as English language instructor to not only teach adult education classes in violation of state law but to solicit other public employees to send prospective adult students to the GSU adult education classes with the email assurance (marked “A”) that “it is open to all, regardless of level or visa status. Is there any way to share this with ESOL parents?”

To head off the sure-to-come argument that “there is no application for our adult education classes…” I attach a GSU continuing education, (“ESOL Lunch and Learn”) flyer (marked “B”) that I obtained using Georgia’s public records law making it clear that the adult education classes described here require registration, which should reasonably be considered application.

I also attach my open records request (marked “C”) and the short reply from GSU legal affairs stating that there are no affidavits or copies of secure and valid ID as required by state law (marked “D”) .

OCGA 50-36-1 also mandates an annual report proving compliance with the law. The law makes clear that failure of an agency head top comply is an offense.

(q)“…intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:

(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and

(2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section.

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 contend that either Georgia Southern president Jaimie Herbert has not submitted the required compliance reports for the years he has allowed illegal adult education classes to be conducted at GSU – or the reports submitted proving compliance contain false statements.

I respectfully insist that the failure to comply with state law here be treated as the violations they clearly are and that the IERB and the Attorney General’s office conduct parallel and simultaneous sanctioning procedures without delay.

D.A. King

July 10, 2017

GBI follow up email screen shot July 10, 2017

Posted by D.A. King at 9:37 am - Email the author   Print This Post Print This Post  

GBI questions and responses Re; HB 452

Posted by D.A. King at 8:50 am - Email the author   Print This Post Print This Post  

Re; HB 452

Questions sent to GBI Thursday, July 6 response received Sunday, July 9, 2017

Nelly Miles
Director
Office of Public Affairs
Georgia Bureau of Investigation
Phone: 404-270-8330
www.gbi.georgia.gov
facebookLike us!www.facebook.com/Georgia.Bureau.of.Investigation
twitter Follow us! @GBI_GA www.twitter.com/gbi_ga

 

1) Will you please advise whether it is true that GBI has in place policy that will not allow sending the EID/LENS release info to the Georgia Sheriff’s Association as directed in HB 452?  This is not true.

2) Will you please advise whether it is true that GBI has in place policy that will not allow posting the EID/LENS info on its website as directed in HB 452? This is not true. It is not a GBI policy but a policy dictated by the Federal government.

3) Will you please provide a short statement on the reasoning for the GBI policy if it is contrary the language of HB 452? (is it GBI’s official position that federal does not allow sharing EID/LENS info with the Georgia Sheriff’s Association and/or the Georgia public?)

This new law contains a provision, “to the extent permitted by federal law.” The GBI was informed by the Department of Homeland Security/ICE that the State of Georgia does not have the authority to publicly release the information mandated in the state law (HB452). Title 8 of Code of Federal Regulations, Part 236.6, titled “Information Regarding Detainees,” was cited:

“No person, including any state or local government entity or any privately operated detention facility, that houses, maintains, provides services to, or otherwise holds any detainee on behalf of the Service (Service means U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and/or U.S. Immigration and Customs Enforcement, whether by contract or otherwise), and no other person who by virtue of any official or contractual relationship with such person obtains information relating to any detainee, shall disclose or otherwise permit to be made public the name of, or other information relating to, such detainee. Such information shall be under the control of the Service and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations and executive orders. Insofar as any documents or other records contain such information, such documents shall not be public records. This section applies to all persons and information identified or described in it, regardless of when such persons obtained such information, and applies to all requests for public disclosure of such information, including requests that are the subject of proceedings pending as of April 17, 2002.”

4) When did your office begin receiving the EID/LENS program data?
GBI Response: Georgia began receiving LENS notifications in August 2015.

6) Is this subscription program provided by GBI or federal authorities? If federal, which agency? See below/above.

7) How does a sheriff begin the subscription service? See below.

8) Is the subscription service available to all local law enforcement, or only sheriffs?
GBI Response: The following notification (pasted below – dak) was posted to the GCIC website on 6/26/2017.

And also to follow up, we received a list of subscribers from the LENS team. You can contact them for that information at LENS-Subscriptions@ice.dhs.gov .

Thanks!

Nelly Miles
Director
Office of Public Affairs
Georgia Bureau of Investigation

 

 

From: D.A. KING [mailto:Dking1952@comcast.net]
Sent: Friday, July 7, 2017 5:08 PM
To: Miles, Nelly <Nelly.Miles@gbi.ga.gov>
Subject: Additional question – Re: Media request – update on HB 452

Ms. Miles,
One more question, for now, please: What counties are the sheriffs from that have subscribed to EID/LENS info?

dak

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