What is an I-94 form anyway? HERE [1]
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OMG! [2] 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 [3]
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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.
8 USC 1304 Alien registration Act of 1940 HERE [4]
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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 [5])
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-CitizenNOTE: DDS will only issue a driver’s license in a name that exactly matches the original immigration documents.
Visa Waiver [6]; 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 [7]. 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 [8].
• 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 [9] 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 [10]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.