July 29, 2020

Georgia Budget and Policy Institute vs the U.S. 11th Circuit Court of Appeals on “lawful presence”

Posted by D.A. King at 5:30 pm - Email the author   Print This Post Print This Post  

 

We have been explaining for years that illegal aliens with DACA are still illegal aliens. Last year a federal appeals court helped us with that lesson. 

The 11th Circuit Court of Appeals ruled in March of 2019 that illegal aliens who are  DACA recipients are inadmissible, removable and do not have ‘lawful presence’ or ‘legal status.’ I wrote it up just days after the opinion was issued – with a prediction on legal action. The court’s decision on DACA illegals seems to clearly illustrate that possession of a work permit does not create lawful presence.

The appellant court’s decision hasn’t slowed the anti-enforcement Georgia Budget and Policy Institute in its relentless attempt to convince Georgia state legislators, the media and the public that the DACA amnesty started by Obama and still in place somehow confers lawful presence on DACA recipients. Here is another attempt in that direction from GBPI writer Jennifer Lee. It is important to know that access to a long list of Public Benefits depends on lawful presence. Here is a list of those Public Benefits.

It is important to know that along with a (legitimate) Social Security Number, DACA also awards a ‘work permit’ (EAD) to the covered illegal aliens. We think much of the confusion on the lawful presence status comes from the fact that state law creates a list of “Secure and Verifiable Documents” that applicants for Public Benefits can use to prove their sworn claim of eligibility. Non-citizens (aliens) must present documents that demonstrate lawful presence.

Below is a sidebar taken from the GBPI piece with the clear statement that “though the DACA program makes these young people lawfully present in the U.S…”

 

Image GBPI & Twitter.

Question and response from Cobb County Probate Court on work permits as proof of “lawful presence” for concealed carry license for illegal aliens with DACA in Georgia

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Photo: Cobb County Government

 

The below question was sent to the Cobb County Probate court today at 2;27 PM. The response came back shortly afterward.

Quick question:
Cobb Probate Court.

Before we make the trip to the courthouse, please tell me if the federal EAD (work permit) is sufficient proof of lawful presence for purposes of satisfying that requirement on the concealed carry license application for a foreign citizen who has deferred action on deportation (DACA) status. I also have a drivers license, SSN and several utility bills to show where we live.

I have the application here from the internet, but need to be sure we are reading it correctly before I continue with the process.

Thank you if you have time to advise us,

**** ** *******
Marietta.

________

Response:

Hello,

Since you have a work permit, then you will be required to get a hunting license before you can apply for a weapons permit.

Please be aware, we are not open to the public.  We are scheduled to re-open on AUG 27th and until that time, we are only honoring appointments that have been previously set in the last 2 months.  We are not taking new appointments.  If you do not already have an appointment, you will need to wait until AUG 27th to apply (first come, first serve basis).  You must also have a valid Georgia driver’s license or state ID card, showing your current Cobb County address.  You must be a resident of Cobb to apply for a permit in Cobb.

Joe Hackbarth, Clerk

Cobb County Probate

32 Waddell Street

Marietta, GA 30090

770-528-1927

 

July 26, 2020

State Rep Jeff Jones letter to GDOL Commissioner Mark Butler – Re; DACA, work permits and ‘lawful presence’: Are illegal aliens getting unemployment benefits in Georgia? (yes) *UPDATED with response from DOL

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Image: GoldenAgeofGaia

 

Note from D.A. King:

DACA recipients are “inadmissible and thus removable” under federal law.

UPDATE: Response here.

“Illegal aliens who have been awarded deferred action on deportation proceedings through the DACA amnesty by both the Obama and Trump administrations are illegal aliens and do not have “lawful presence” says the 11th Circuit Court of Appeals. The decision was handed down March 6, 2019.” We wrote that up here. 

This seems like something a newspaper that was credible, compelling and complete would have one of its crack investigative journalists…you know… investigate.

Coming soon: Are illegal aliens getting concealed carry licenses for firearms in Georgia?

July 23, 2020

US HOUSE OF REPRESENTATIVES GOP’s Gohmert introduces resolution that would ban the Democratic Party

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Wear a mask for protection? Short video

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July 20, 2020

Anti-enforcement Georgia Budget and Policy Institute promoting continued unemployment benefits for DACA illegal aliens

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Photo: Twitter

 

Saved for future use.

GBPI

Deferred Action for Childhood Arrivals and Eligibility for Georgia Unemployment Insurance

Can DACA recipients apply for UI in Georgia?
Yes, if they meet all the eligibility requirements. Georgia law requires individuals to meet all of the following criteria to receive UI:

Having been laid off from their last employer due to no fault of their own;
Proof of lawful presence in the U.S. (A person is lawfully present if they are a U.S. Citizen, lawful permanent resident or are a non-citizen legally present in the U.S. DACA recipients are lawfully present through the expiration date on their most current Employment Authorization Document); and Able, available and actively searching for suitable work. GDOL has waived this requirement during the coronavirus pandemic for all new cases filed on or after March 14, 2020, but previous applicants must still meet the requirement.

HERE.

FAST FACT: Georgia Attorney General Chris Carr: “We have continuously and clearly taken the position in ongoing legal cases that DACA does not confer legal status…”

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Chris Carr, Attorney General for Georgia. January 18 2016. Photo: Law.com

 

 

In a statement, Georgia Attorney General Chris Carr said he’d prefer to give the administration time.

“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. I am aware that this is a complex and emotional issue, and I would prefer to give the new Administration — which has been vocal about this issue — appropriate time to consider any additional actions that should be taken.”

 

Georgians React To Uncertain Future Of DACA Program
ELLY YU • JUL 17, 2017

Photo: Elly Yu/WABE

DACA recipients are shown at a rally to demand in-state tuition in Georgia.

The future of the Deferred Action for Childhood Arrivals program is uncertain.
CREDIT ELLY YU / WABE

1:57 | Play story Add to My List

The future of a program that protects young immigrants from deportation is uncertain. Last week, Homeland Security Secretary John Kelly told a group of lawmakers that the Deferred Action for Childhood Arrivals program, or DACA, will likely not stand up in the courts.

That has Jessica Colotl concerned about what’s next.

Earlier this year, Coltol, 29, briefly lost her deportation protection status. She later won in court and got her DACA reinstated, but the program itself is up in the air.

The program was created by President Barack Obama through executive action in 2012. If DACA ends, she worries she and others could face deportation.

“It’s scary,” she said. “It would basically paralyze the lives of Americans at heart. We’re talking about people who came to the United States as young as 2 or 3 months old.”

Jaime Rangel, 26, was brought to the U.S. when he was an infant. He agreed the uncertain future of DACA scared him, but he said he’s also hopeful of a more permanent solution for the nearly 800,000 immigrants in the United States protected by DACA. About 23,000 DACA recipients are in Georgia.

“We’ve got to see this as somewhat of an opportunity to try to pass bipartisan immigration reform because, at the end of the day, I think every DACA recipient in this country knew that sooner or later DACA would cease to exist,” he said.

The Trump administration has so far left the DACA program intact, and President Donald Trump has said he’d treat DACA “with heart.”

Meanwhile, attorneys general in 10 states, led by Texas’s attorney general, have sent a letter to the Trump administration saying they would sue the administration if it doesn’t end DACA. Georgia isn’t part of that letter.

In a statement, Georgia Attorney General Chris Carr said he’d prefer to give the administration time.

“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. I am aware that this is a complex and emotional issue, and I would prefer to give the new Administration — which has been vocal about this issue — appropriate time to consider any additional actions that should be taken.” See here to read the rest of the WABA story.

 

July 19, 2020

List of Public Benefits regulated in Georgia law – OCGA 50-36-1

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WikiMedia Commons

GA – Official Code of Georgia Annotated

TITLE 50. STATE GOVERNMENT CHAPTER

36. VERIFICATION OF LAWFUL PRESENCE WITHIN UNITED STATES

§ 50-36-1. Verification requirements, procedures, and conditions; exceptions; regulations; criminal and other penalties for violations
(a) As used in this Code section, the term:
(1) “Agency head” means a director, commissioner, chairperson, mayor, councilmember, board member, sheriff, or other executive official, whether appointed or elected, responsible for establishing policy for a public employer.
(2) “Agency or political subdivision” means any department, agency, authority, commission, or government entity of this state or any subdivision of this state.
(3) “Applicant” means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity.

(4) “Public benefit”‘ means a federal, a state, or local benefit which shall include the following:
(A) Adult education;
(B) Authorization to conduct a commercial enterprise or business;
(C) Business certificate, license, or registration;
(D) Business loan;
(E) Cash allowance;
(F) Disability assistance or insurance;
(G) Down payment assistance;
(H) Energy assistance;
(I) Food stamps;
(J) Gaming license;
(K) Grants;
(L) Health benefits;
(M) Housing allowance, grant, guarantee, or loan;
(N) Loan guarantee;
(O) Medicaid;
(P) Occupational license;
(Q) Professional license;
(R) Public and assisted housing;
(S) Registration of a regulated business;
(T) Rent assistance or subsidy;
(U) Retirement benefits;
(V) State grant or loan;
(W) State issued driver’s license and identification card;
(X) Tax certificate required to conduct a commercial business;
(Y) Temporary assistance for needy families (TANF);
(Z) Unemployment insurance; and
(AA) Welfare to work.

(5) “SAVE program” means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose.
(b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States under federal immigration law of any applicant for public benefits.
(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(d) Verification of lawful presence in the United States under federal immigration law under this Code section shall not be required:
(1) For any purpose for which lawful presence in the United States under federal immigration law is not required by law, ordinance, or regulation;
(2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v) (3), of the alien involved and are not related to an organ transplant procedure;
(3) For short-term, noncash, in-kind emergency disaster relief;
(4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;
(5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General’s sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies;
(B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and
(C) Are necessary for the protection of life or safety;
(6) For prenatal care; or
(7) For postsecondary education, whereby the Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, the board of commissioners of the Georgia Student Finance Commission, and the board of directors of the Georgia Student Finance Authority shall set forth, or cause to be set forth, policies or regulations, or both, regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623.
(e) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as provided in 8 U.S.C. Section 1623.
(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.
(3) Documents and copies of documents required by this subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision.
(4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen.
(g)
(1) The Department of Driver Services shall require every applicant for a state issued driver’s license or state identification card to submit, in person, an original secure and verifiable document, as defined in Code Section 50-36-2, and execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law.
(2) The requirements of this subsection shall not apply to any applicant renewing a state issued driver’s license or state identification card when such applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen.
(h) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the SAVE program. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence in the United States under federal immigration law for the purposes of this Code section.
(i) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20.
(j) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section.
(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.
(l) Any and all errors and significant delays by the SAVE program shall be reported to the United States Department of Homeland Security.
(m) Notwithstanding subsection (i) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to his or her lawful presence in the United States under federal immigration law that contains a false statement if such affidavit is not required by this Code section.
(n) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard.
(o) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not be liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits.
(p) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the General Assembly may consider such noncompliance in setting the budget and appropriations.
(q) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the 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.

History

Code 1981, § 50-36-1, enacted by Ga. L. 2006, p. 105, § 9/SB 529; Ga. L. 2009, p. 8, § 50/SB 46; Ga. L. 2009, p. 970, § 3/HB 2; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2011, p. 794, §§ 16, 17, 18/HB 87; Ga. L. 2012, p. 775, § 50/HB 942; Ga. L. 2013, p. 111, § 6/SB 160; Ga. L. 2013, p. 125, § 1/HB 324.

July 16, 2020

Breitbart News: Grassroots Conservatives View DACA Amnesty as End of the Road for GOP

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Grassroots Conservatives View DACA Amnesty as End of the Road for GOP

Photo: DIS

Breitbart News

John Binder
July 16, 2020

“Electorally, grassroots anti-illegal immigration activist D.A. King pointed to the 1988 presidential election of George H.W. Bush which came just two years after former President Ronald Reagan’s amnesty for at least 2.7 million illegal aliens.”

(Note: Bonus info on amnesty and Republicans here.)

An amnesty for nearly a million illegal aliens could spell major losses for the Republican Party in November, while driving a surge of migration to the United States, grassroots conservatives tell Breitbart News.

On Tuesday, President Trump reiterated in the Rose Garden his intention to craft some form of an amnesty for the roughly 800,000 illegal aliens enrolled in former President Obama’s Deferred Action for Childhood Arrivals (DACA) program.

“We’re going to work on DACA because we want to make people happy,” Trump said. “And I’ll tell you, even conservative Republicans want to see something happen with DACA.”

In interviews with Breitbart News, a number of grassroots conservatives and immigration reformers took a different tone. They said Trump’s comments left them “stunned,” “appalled,” and “worried.”

William Gheen, who heads the anti-illegal immigration grassroots group Americans for Legal Immigration PAC (ALIPAC), said he surveyed his members on Trump’s promise for a “road to citizenship” for DACA illegal aliens.

Of the thousands of ALIPAC activists contacted, Gheen said he received thus far about 300 to 400 responses. On DACA amnesty, more than 90 percent of respondents said they opposed the plan.

More importantly, Gheen said, his survey revealed no uptick in support for Trump should he sign a DACA amnesty, while 90 percent of respondents said they would be more reluctant to vote for him again in November. Gheen said:

There is substantial, strong opposition to this that damages Trump’s credibility even further because he campaigned on ending DACA and told us they had to go home in 2016. I believe if Trump signs anything like this for Obama’s DACA illegal aliens, it will kill his campaign.

Angel Mom Mary Ann Mendoza, the director of Angel Families, lost her 32-year-old police officer son Brandon Mendoza in 2014 when he was killed by an illegal alien. Mendoza told Breitbart News she was taken aback by Trump’s comments considering the White House intends to rescind the DACA program again.

Her biggest concern is House and Senate Republicans working alongside Democrat lawmakers to pass a DACA amnesty plan, with Trump’s approval, without any consideration for or input from Angel Families.

“Angel Families know we are the true victims of illegal alien crime,” Mendoza said. “I don’t care who it is in Washington, D.C. who is talking about DACA reform — you need to talk to the people who have been directly impacted by this.”

The chain migration impact, alone, from a DACA amnesty would ensure a flow of millions to the U.S. — primarily from Central America and Mexico — who would eventually be eligible to vote, Mendoza noted.

RJ Hauman, a spokesperson for the Federation for American Immigration Reform (FAIR), said the White House’s attempts to broker a deal with Democrats on the issue have repeatedly failed, and Trump should not expect any different this time around.

“Why would that suddenly change in an election year? The only option for the Trump administration is to re-rescind the program in a manner that adheres to administrative law,” Hauman said. “The clock is ticking.”

Electorally, grassroots anti-illegal immigration activist D.A. King pointed to the 1988 presidential election of George H.W. Bush which came just two years after former President Ronald Reagan’s amnesty for at least 2.7 million illegal aliens.

“We respectfully advise the president to remember the proven results of legalization [for illegal aliens] on elections,” King told Breitbart News. “The president, and Jared Kushner, should note that after the ‘one time’ Reagan amnesty of 1986, Hispanics rewarded Republican George H.W. Bush with 30 percent of their vote.” There is more to read here.

July 8, 2020

Video from ‘Black Lives Matter’ Plaza in Washington, D.C.

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