(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.
I am a resident of Georgia and I am a former Senior Patrol Agent of the U.S. Border Patrol. I am also a U.S. Marine combat veteran of the war in Vietnam. I and many others that had careers in immigration law enforcement looked upon our service as wholly patriotic in that we were protecting and defending Americas national security, and the American workforce. Not for one single minute did I ever think of myself as carrying out some diabolic practice of discriminating against any race, creed or culture. I was an equal opportunity enforcer of laws passed by our congress, which are still on the books to this very day.
The people of the state of Georgia demand protection in the workplace from illegal immigrants, safety in their homes and communities from criminal aliens. You might be unaware, but both federal and state prisons in Georgia have thousands of criminally convicted deportable aliens. Many of them I put there, not to discriminate, but to protect the American people.
Your poster distorts a very complex issue regarding immigration. I ask you to reconsider and either replace the current poster, or provide a balanced clarity to the subject. Laws such as this one aren’t passed in secrecy.
To: Members of the Georgia Immigration Enforcement Review Board
Chairman Ben Vinson, board members: Mr. Phil Kent, Mr. Shawn Hanley, Mayor Boyd Austin, Sheriff Mike Yeager, Commissioner Terry Clark, Mr. Robert Mumford
*COMPLAINT
REQUEST FOR REVIEW AND/OR INVESTIGATION BY THE IMMIGRATION ENFORCEMENT REVIEW BOARD ESTABLISHED BY SECTION 20 OF THE ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT OF 2011 (HB 87)
As a Georgia citizen and registered voter I, D.A. King, herein make a valid and lawful complaint concerning violation of Georgia law (50 -36-1) regarding the crime of illegal immigration as related to actions by elected and or appointed officials, public employees and public agencies in Georgia.
I have read and understand the language of OCGA 50-36-3 establishing the Immigration Enforcement Review Board and further understand that the board is authorized to review violations by public officials, employees and agencies ONLY for possible violation of OCGA 13-10-91 (related to use of the federal E-Verify database), OCGA 36-80-23 (related to sanctuary policies for illegal aliens) and OCGA 50-36-1 (requirements for verification of eligibility for Public Benefits).
I hereby attest that I am a legal resident of the state of Georgia and a registered voter in Georgia.
My address is: ****** Marietta, Ga. 30066
My Georgia voter Registration Number is ************
My complaint is directed at clear violations by City of Atlanta in Atlanta Mayor Kasim Reed and the Atlanta City Council members individually, and others.
I outline my complaint and request for investigation below.
I contend that the City of Atlanta is in violation of OCGA 50-36-1 in that it has in place a 2004 ordinance (04-0-0772) officially recognizing and accepting the Mexican government issued matricula consular “for purposes of establishing a positive identification” involving transactions and providing benefits and services which is direct conflict with state law.
In an attempt to prevent the illegal administration of Georgia’s public benefits and to reduce the drain on the shrinking state budget resulting from the crime of illegal immigration, OCGA 50-36-1 was modified in 2011 to require the presentation of at least one secure and verifiable ID document by applicants for many public benefits when those applicants swear to eligibility on a required affidavit. The law clearly refers to the definition of acceptable documents and also documents which are not acceptable, including the Mexican matricula consular, a form of ID needed only by individuals who are present in the United States in violation of American immigration laws. Legal residents possess legitimate forms of identification.
50-36-1 “
(e) (For effective date, see note.) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:
(1) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2;”
Definition from: 50-36-2:(3) “Secure and verifiable document” means a document issued by a state or federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies. Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder’s immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) of this Code section shall be considered secure and verifiable documents…”
It is my educated opinion, one that is shared by the Office of Intelligence of the FBI, that the acceptance of the matricula consular ID presents a threat to national security.
I ask that all legal avenues be pursued to insure that the elected and appointed officials and all employees of the City of Atlanta cease official acceptance of the matricula consular and similar consulate issued ID documents immediately, revoke the city ordinance described herein and come into compliance with state law or be held accountable.
I attach a copy of the City of Atlanta ordinance in question as well as additional educational information below
Please feel free to contact me for any further information.
*PLEASE NOTE: I have searched the Website of the Department of Audits and Accounts for a Review Board compliant form. I have created my own form, as I am unable to locate any official complaint form for submission to the Review Board, established by state law effective 1 July, 2011.
Pro-enforcement activist concerned agencies will work to water down measure
MARIETTA – Cobb County and its cities are working to comply with laws that require them to check out contractors and business-license applicants to make sure they are in the county legally and hiring only legal workers. But the founder of a pro-immigration enforcement group wants to make sure that efforts aren’t made to undo the laws.
With the 2012 legislative session approaching, D.A. King, president of the Cobb-based Dustin Inman Society, said he doesn’t want to see the agencies like the Georgia Municipal Association, or the Association of County Commissioners of Georgia lobbying to weaken House Bill 87, which passed in the 2011 session.
The law adds teeth to a 2006 law that requires public employers and their contractors to use the federal E-Verify system to check the immigration status of employees and contractors, as well as applicants for business licenses. House Bill 87 also expands the laws to private employers.
In 2010, with the support of GMA and ACCG, State Rep. Jay Powell (R-Camilla) offered an amendment to the 2006 law that would have required the background checks only on contractors working on buildings, roads or “real property.” King helped lead the effort to shoot down the amendment before passage, claiming it would have allowed cities and counties to still hire illegal immigrants for cleaning services, landscaping, plumbing and other work.
King said it took years for the pro-enforcement side to add the penalties in House Bill 87, and it would not surprise him to see GMA and ACCG work to try to undo those.
“ACCG/GMA represents one of the most powerful lobbying concerns under the Gold Dome and uses its dues from its member counties and municipalities to hire these ubiquitous well-funded lobbyists,” King said. “County and city governments get their funds from taxpayers. I urge voters to monitor the activities of ACCG/GMA to see how their money is used in the Capitol.”
But both agencies denied they will be seeking to water down the laws.
“If a lawmaker decides to take a look at that again, we would have some things that we would like them to consider, but we don’t know that we will be pushing anything,” GMA’s Amy Henderson said.
GMA would like to allow for exceptions to the E-Verify requirements in case of an emergency, when contractors are brought in to deal with the aftermath of tornadoes, fires or other disasters, Henderson said.
The law also is unclear on whether identification information can be submitted electronically, Henderson said. Some business-license applicants can be based out of state, or even in other countries, making it difficult to submit information in person.
And Henderson said she is concerned because officials who violate the law can be subject to fines, removal from office — even jail time.
ACCG’s Beth Brown agreed. The two agencies are jointly hosting immigration training sessions to help local government officials across Georgia. Their last session is scheduled for Thursday in Canton.
“We’re not looking to do anything to repeal any parts of it,” Brown said of House Bill 87, the Illegal Immigration Reform and Enforcement Act of 2011.
Cobb Board of Commissioners Chairman Tim Lee sang E-Verify’s praises.
“E-Verify is a good tool and helps the county meet the legal requirements as well as the public’s expectations,” Lee said. “The intent is to verify that public dollars will only be spent with legally eligible companies and their employees.”
In Smyrna, Mayor Max Bacon said that City Clerk Susan Hiott and business license director Jim Cox have already attended training sessions on the changes and how cities will deal with them.
“So far, as far as I know, it’s working fine,” Bacon said. “Initially, I think we had some problems getting the thing set up, but that was a couple years ago.”
Austell Mayor Joe Jerkins said he’s noticed some applicants for business licenses don’t seem as interested once they hear about the new laws.
“When we give them the (the forms to fill out), some of them don’t come back,” he said. “They don’t bother to apply when they find out they have to do certain things.”
In 2008, Cobb County and city of Marietta leaders had a heated email exchange over which was the first government body in Georgia to implement E-Verify to check the status of business license applicants.
At the time, then-Mayor Bill Dunaway said Marietta had been verifying business licenses since 1996.
Current Mayor Steve Tumlin said he has not heard of much controversy over the use of E-Verify.
“I think we’re in full compliance, and we were in compliance all along,” he said.
Acworth Mayor Tommy Allegood, who has been in office for 10 years, said his city has checked immigration status “for as long as I can remember.”
“It is not anything that has interrupted our business or ability to provide services for our citizens,” Allegood said.
ENFORCEEMNT WORKS! GEORGIA FARMERS RESORT TO BEGINNING TO OBEY LABOR AND IMIGRATION LAWS WITH USE OF EXISTING GUEST WORKER PROGRAM – H2A!
What next? Newt Gingrich supports enforcement?
Note from D.A. – watch the below news video and then tell me if you see what appears to be a child working in this Georgia onion field planting the crop?
WXIA TV Atlanta
VIDALIA, Ga. — Georgia vegetable growers are expecting to plant fewer crops this fall, and to try to use an unpopular federal program to recruit legal farm workers next spring.
“I think a lot of growers are looking to H2A as an alternative this spring,” said Charles Hall, director of the Georgia Fruit and Vegetable Growers Association.
H2A provides temporary visas to foreign workers to enter the United States solely to work in an industry lacking a local labor force.
Growers are turning to H2A as a way to manage shortages of migrant labor expected next spring. Growers say Hispanic migrant workers have been frightened away from Georgia by the state’s new Arizona-style immigration law… MORE HERE
PLEASE CONTACT GEORGIA GOVERNOR NATHAN DEAL TO THANK HIM FOR APPOINTING OUR FRIEND PHIL KENT OF THE GEORGIA GANG TO THE STATE IMMIGRATION ENFORCEMENT BOARD ESTABLISHED BY HB 87!ASSURE HIM THAT GEORGIA’S PRO-ENFORCEMENT MAJORITY APPROVES OF HIS CHOICE AND UNDERSTANDS THAT PHIL HAS ALL THE RIGHT ENEMIES!
Late last month, the Governor, the Lt. Governor and the Speaker of the Georgia House named the appointees to an enforcement review board established by HB 87 to monitor compliance of public officials with the requirements set forth in Georgia’s 2006 immigration law (SB 529) and with the latest rules in HB 87.
Board members appointed by Governor Deal:
*Phil Kent, author, columnist and panelist on the weekly TV political discussion show the Georgia Gang.
*Shawn Hanley, past chairman of the Fulton County Republican Party, a resident of Roswell.
*Ben Vinson, an attorney from Atlanta who previously served as Majority Caucus Counsel in the Georgia House of Representatives.
Lieutenant Governor Cagle appointed:
*Boyd Austin, mayor of Dallas since 1995.
*Mike Yeager of Moreland, sheriff of Coweta County.
Speaker Ralston appointed:
Robert F. Mumford of Conyers, an attorney who served in the Georgia House of Representatives from 2005 to 2009.
Terry R. Clark, of Moultrie, a member of the Colquitt County Commission.
Using all the normal race-baiting terms, the usual suspects are screaming that Phil Kent is too pro-enforcement to be on the board and are getting a great deal of help from the local media in trying to convince Governor Deal to remove him before the members are even sworn in. We know Phil will do a terrific, fair and educated job and are somewhat amused – but not surprised – to see the howls from the far-left illegal alien lobby about his appointment.
We are sure they would rather see someone like Jerry Gonzalez or illegal aliens themselves sit in review of complaints of violation.
Referred to as “human rights groups” by the press, the list of crazies screaming about Phil Kent’s appointment to the board goes like this: The Young Democrats of Georgia, Bill Nigut of the anti-enforcement ADL (Nigut is suggesting the board is meant to pursue an “anti-immigrant agenda”), the sleaziest of the sleaze… the SPLC, Angry Jerry Gonzalez and the well-funded illegal alien lobby at GALEO, and a cast of characters that make up a large portion of the organizers of the recent illegal alien marches on the Georgia Capitol against HB 87.
And… another mindless voice of little consequence, a local woman blogger named Grayson Daughters who uses the well-fitting name “Spacey G” in her cartoonish posts assures us that even the board’s title will “make-a-Nazi-proud.” This is the mentality you are rebutting.
THIS IS IMPORTANT! Please call and/or email the Governor’s office: “I am calling to thank the Governor for his appointments to the immigration enforcement review board that will review any complaints against elected officials who ignore the law on administering benefits and giving jobs to illegal aliens. Please tell the Governor that I called to express my support for all of his choices, including that of Mr. Phil Kent. Please assure the Governor that Phil has all the right anti-enforcement enemies and will do a fine job on the board. KEEP PHIL KENT ON THE BOARD!”
The Dustin Inman Society
www.TheDustinInmanSociety.org
3595 Canton Rd. A-9/337
Marietta, Ga. 30066
Contact: D.A. King
DA@TheDustinInmanSociety.or g
UN-HUNGRY, UN-PROTEST OF HB 87! A CHILI DOG A DAY FOR ENFORCEMENT!
DUSTIN INMAN SOCIETY PRESIDENT ANNOUNCES SEVEN-DAY CHILI DOG SUPPORT ACTION FOR GEORGIA’S HB 87 AND SIGNAL OF PARTIAL AGREEMENT WITH FEDERAL JUDGE
Today, the Dustin Inman Society officially announces that founder D.A. King will begin a seven-day “un-protest” action to show his organization’s support for the recently enacted Georgia immigration and employment enforcement law, HB 87. The un-hungry, un-protest protest he announces today also represents his signal of agreement with a portion of the opinion of Federal Judge Thomas Thrash in his preliminary injunction of two sections of the Georgia law.
King reports that he enthusiastically shares the assessment of Judge Thrash, when Thrash wrote “the apparent legislative intent is to create such a climate of hostility, fear, mistrust, and insecurity that all illegal aliens will leave Georgia” (CNN U.S., June 27, 2011). “This judge, sworn to uphold the law says this like it is a bad thing” King said in amazement. “A mass exodus of illegal aliens is the new American Dream for the majority of Georgians…what is this guy’s agenda? What is his problem?”
King has reluctantly chosen to dedicate himself to devouring a chili dog in addition to his already regular and quite ample food intake each day for the next seven days to indicate his support and agreement.
“The best and certainly most enjoyable method of illustrating the now comical absurdity of the rather dim, fringe individuals who constantly search for ever sillier ways to oppose enforcement of American immigration laws is to use a little absurdity ourselves” said King today. “I challenge all concerned and hungry pro-enforcement Georgians to commit to joining me in my un-protest.”
King noted that two local anti-enforcement residents led by Cobb County’s “open borders huckster” Rich Pellegrino have reportedly recently been joined by a person calling himself ‘Reverend Jeff Jones’ in a hunger strike to protest Georgia’s law aimed at protecting the state’s budget dollars, jobs and rule of law.
“We urge many more anti-enforcement, wannabe comics to come out of the shadows and join with Pellegrino and the law-hating hungries” added King. “In these dire days of raging unemployment and budget cutbacks, we need the entertaining distraction.”
King says he has several favorite commercial outlets for obtaining the needed chili dogs, but may prepare some of them at his home in Marietta. He will begin his un-hunger, chili dog un-protest today at 3:00 PM at the Kennesaw, Georgia Town Center Varsity restaurant. “I am only looking for a better life through immigration enforcement and diet and will go un-hungry” ended Mr. King, a long time pro-enforcement activist and writer. (Anti-enforcement media release happily passed on below)
——————————————–
Named for a sixteen year-old Woodstock, Georgia youth who lost his life to illegal immigration, the Dustin Inman Society is opposed to illegal immigration, illegal employment, legalization and open borders.
Press Release & Press Conference Advisory
DATE: Wednesday, July 20
TIME: 10am
WHERE: Glover Park, Marietta Square, Marietta, GA
CONTACTS:
• Rich Pellegrino, Director , Cobb Immigrant Alliance (CIA)
Pilgrim1@mindspring.com, 404-573-1199
• Rev. Jeff Jones, Unitarian Universalist Pastor, Cobb County, Georgia jeffjonesuu@aol.com , 770-424-3765
For Immediate Release:
PASTOR FASTS FOR SEVEN DAYS IN SUPPORT OF HUNGER STRIKERS
Marietta, Ga–On Wednesday, July 13, Rev. Jeff Jones learned about the hunger strike of Salvador Zamora and Martin Altamirano in protest of Georgia’s House Bill (HB) 87. Deeply inspired by their courage, he met with them twice and decided to be in solidarity with them through a seven day fast in which he would eat nothing and drink only water with lemon and honey, which began on Friday, July 15.
As a Unitarian Universalist minister and Pastor in Cobb County, Rev. Jones appreciates that Mr. Altamirano and Mr. Zamora are spiritually grounded in their opposition to HB 87 as all faith traditions teach us to welcome the stranger and comfort those in need.
Rev. Jones further believes that HB 87 fails to recognize the important role that immigrants play in Georgia’s economy, will tear families apart, and he shares the assessment of Judge Thrash, whose ruling blocked two particularly egregious parts of HB 87, when he wrote “the apparent legislative intent is to create such a climate of hostility, fear, mistrust, and insecurity that all illegal aliens will leave Georgia” (CNN U.S., June 27, 2011). Rev. Jones further believes such a climate of hostility and fear negatively impacts all immigrants and all people in Georgia.
Rev. Jones also supports the goal of Mr. Zamora, Mr. Altamirano and the Cobb Immigrant Alliance in their call for “reform instead of the current enforcement-only, harsh approach endorsed by Arizona, Georgia, Alabama, and other incarceration-minded states.”
Thousands toss tantrum over new anti-illegal immigration law
…D.A. King, president of The Dustin Inman Society, which he described as “pro-enforcement on American immigration and employment laws,” said the rally participants are on the opposite side of the majority of U.S. opinion. — “Most Americans realize that we take in more legal immigrants than any nation on the planet…”
