January 16, 2017

Georgia Immigration Enforcement Review Board official complaint #1 January, 2017 against the City of Atlanta (attachment)

Posted by D.A. King at 10:39 am - Email the author   Print This Post Print This Post  

IERB Jan 2017 #1 Attachment to official complaint

17 January, 2017 #1

Violation (s) of OCGA 50-36-1
City of Atlanta

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 at least one news report – complete with photos – which can be seen and printed out HERE from the AJC, the City of Atlanta has in place an ongoing adult education classes/program aimed at immigrants. In addition, the City of Atlanta advertises its “MyCity Academy Atlanta” education program HERE. The application for these taxpayer services provided as adult education can be viewed HERE. There is no provision for verifying eligibility. There is no system that I can find in place to follow the law on these adult education classes.

Note: Having been through the process of trying to obtain public documents such as affidavits and Secure ID records from the City of Atlanta using Georgia’s open records law, I leave it to the IERB to ask that any existing affidavits and copies of secure ID be disclosed.

In my educated opinion, the City of Atlanta 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
I am a registered voter