Dustin Inman Society

UPDATED: Mystery solved. DDS answered a question not asked. HERE.

AJC and USCIS numbers of illegal aliens with DACA status in Georgia is a “no match.”

AJC news article with USCIS number (21,600) of DACA illegal aliens in Georgia HERE. The USCIS report cited is HERE (page 6).

Letter from DDS (our DMV) to a state Senator about number of drivers licenses issued to DACA illegals (48,935) HERE.

Seems like the AJC would know this. Note: the AJC refers to illegal aliens as “immigrants without legal status.”

Also included in the DDS letter to are numbers of illegal aliens who do not have deferred action on deportation, and who are already under deportation orders.

–> Not mentioned (anywhere but here…ever) is fact that because 2016’s SB6 was not allowed a hearing in the GOP Georgia House – it passed the senate with a near 2/3rd majority – DDS gives the same drivers license and ID card to illegal aliens that it gives to legal immigrants, families of foreign diplomats and foreign Mercedes Benz executives here on legal guest worker visas.

DDS photo – This is the drivers license issued to illegal aliens with DACA and to legal immigrants and guest workers. It can and is used to board airliners, enter federal buildings and rent vehicles.

“Deferred action does not provide lawful status.”

Consideration of Deferred Action for Childhood Arrivals (DACA)
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Update: Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012 and discussed below. Please check back for updates.

This page provides information on requesting consideration of deferred action for childhood arrivals (DACA). You may request DACA for the first time or renew your existing period of DACA if it is expiring. Please select:

Request DACA for the First Time Renew Your DACA

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.

USCIS website HERE.

The below note was emailed to me today from a friend/colleague in Washington DC. He is feeling my pain on the fact that Georgia is issuing drivers licenses to illegal aliens who Obama has granted deferred action on deportation.

“All they would have to do is look to the USCIS guidelines where the Obama administration explains that DACA “does not confer lawful permanent resident status” and that it “does not confer any lawful status”. If they don’t want to acknowledge that, they’re in deep denial.

Q6: If my case is deferred, am I in lawful status for the period of deferral?
A6: No. Although action on your case has been deferred and you do not accrue unlawful presence during the period of deferred action, deferred action does not confer any lawful status.

There is a significant difference between “unlawful presence” and “unlawful status.” Unlawful presence refers to a period an individual is present in the United States (1) without being admitted or paroled or (2) after the expiration of a period of stay authorized by the Department of Homeland Security (such as after the period of stay authorized by a visa has expired). Unlawful presence is relevant only with respect to determining whether the inadmissibility bars for unlawful presence, set forth in the Immigration and Nationality Act at Section 212(a)(9), apply to an individual if he or she departs the United States and subsequently seeks to re-enter. (These unlawful presence bars are commonly known as the 3- and 10-Year Bars.)

The fact that you are not accruing unlawful presence does not change whether you are in lawful status while you remain in the United States. Because you lack lawful status at the time DHS defers action in your case, you remain subject to all legal restrictions and prohibitions on individuals in unlawful status.

Q7: Does deferred action provide me with a path to permanent residence status or citizenship?
A7: No. Deferred action is a form of prosecutorial discretion that does not confer lawful permanent resident status or a path to citizenship. Only the Congress, acting through its legislative authority, can confer these rights.”

http://www.dhs.gov/deferred-action-childhood-arrivals

HERE

From NumbersUSA.com

USCIS Memo Details Administration’s Plan to Provide Mass Amnesty Through Administrative Actions
Thursday, July 29, 2010, 2:35 PM EDT – posted on NumbersUSA

A newly revealed memo, obtained by Sen. Chuck Grassley (R-Iowa) who is leading the fight against amnesty, shows Obama Administration officials offering a detailed plan that would offer actual or de facto amnesty to millions of illegal aliens without Congress ever taking a vote. Read Full Story

Center for Immigration Studies

Chronic Backlogs at USCIS Show Agency Is Not Ready for CIR-ASAP
By Jessica Vaughan
December 2009

——————————————————————————–

Jessica M. Vaughan is the Director of Policy Studies at the Center for Immigration Studies.

——————————————————————————–

One of the many reasons why lawmakers have been loath to enact a mass amnesty and immigration expansion, such as the new Democratic amnesty bill (HR 4321, or CIR-ASAP), has been the government’s chronically poor performance in administering all of our current (and previous) immigration benefits programs. Obama administration officials have assured the public that they are ready for this task.1 But a look at the most recent workload report2 from USCIS reveals that the agency is actually still deep in the weeds and unable to keep up with the existing workload. As of the end of June 2009, the agency had a backlog of nearly 2.7 million applications and petitions that were pending review, above and beyond the 1.8 million that had been completed that quarter. And recent statements3 by agency head Alejandro Mayorkas suggest that huge fee increases for immigrants and hundreds of millions of dollars in increased taxpayer-funded appropriations will be required to improve the situation.

Apparently recognizing that this huge backlog of pending cases might send the wrong signal about the agency’s efficiency and readiness for major immigration expansions, USCIS uses alternative calculations and definitions of the processing backlog as smoke and mirrors to disguise the true scale of the problem. In its last quarterly report to Congress, it claimed the backlog was about 207,000 cases. (Note that the processing backlog, which here refers to the number of applications for immigration benefits of all kinds that the government has yet to act on, should not be confused with the immigrant visa waiting list, which refers to the applications in the queue that results from statutory limits on the number of green cards issued each year. For more on this, see http://cis.org/Vaughan/FamilyImmigrantWaitingList.)

How did they get from 2.7 million pending cases to only 207,000 cases in the backlog? An excerpt from a table in the quarterly report is below. This table is a reminder of both the complexity of U.S. immigration law and the many ways otherwise unqualified people can bypass the conventional green card process (temporary protected status, cancellation of removal, temporary work permit, crime victim, waiver of inadmissibility, etc.). The first column lists the type of immigration benefit, which corresponds to a specific form that has to be filled out by an applicant or sponsor.

MORE HERE

Photo: USCIS

News on the (Dalton) complaints on filing false documents and violation of Georgia’s E-Verify for private employer laws.

Whitfield County Sheriff Scott Chitwood has declined to investigate the complaints we sent regarding the City of Dalton and restaurant owner Rep. Casey Carpenter. On the phone, I was finally successful in convincing a clearly reluctant Sheriff Chitwood to forward my complaint to the GBI, as I had originally requested but since he received the carefully laid out electronic complaints from his staff in a printed format, he told me that is how he would forward the material to GBI.

I explained that the information necessary to understand my complaints could not be accessed unless the reader was using the electronic version.

I am now in the process of attempting to see action from the District Attorney for Whitfield County (Bert Poston) and have sent that office the same electronic complaints with the below email with a copy sent to Diane Morgan, who I am told is the GBI Director’s assistant. I have not recieved confirmation of receipt and am now calling both offices:

Dear District Attorney Poston,

Please see the attached complaint, which is #2 of two complaints I filed with Whitfield County Sheriff Scott Chitwood on September 29, 2020 with the request that he forward them to the GBI. Both complaints are also posted online on our website: complaint #2 here , complaint #1 here.

Please note that I am copying the assistant to GBI Director on this email.

I request that your office forward my well-researched and sourced complaints to the GBI for further action.

I have received a response from Sheriff Chitwood today and quote it in its entirety here: “Your complaint was received, but after reading over it, the Whitfield Co. Sheriffs’ Office would not oversee such a complaint.   Your attention should be directed to the City of Dalton.” I also had a phone conversation with Sheriff Chitwood.

 

I would be extremely grateful for a reply confirming your receipt of this email.

Thank you,

D.A. King

Photo: USCIS

Photo: WCSO.

The below complaint was sent to the Whitfield County Sheriff office this AM. I have recieved confirmation of receipt.

Complaint      #2 of 2. Complaint #1 here.

Re: Possible violations

 OCGA 36-60-6 & OCGA 16-10-20   

To: Scott Chitwood

Sheriff, Whitfield County Georgia

*Please note that throughout this complaint I have inserted hyperlinks to evidence and facts that make the issue much easier to understand and to save time for investigators.

Sheriff Chitwood,

Please regard this as an official complaint against Dalton business owner State Rep Kasey Carpenter alleging possible violations of OCGA 36-60-1 (E-Verify requirement for private employers) and OCGA 16-10-20 (Filing false documents) and a request for an investigation by the GBI.

In my own educated but obviously unofficial investigation of the workings of the City of Dalton’s Occupational Tax Certificate (OTC) office (please see complaint #1), I obtained various documents through open records requests on two Dalton businesses, Oakwood Café and Cherokee Brewing and Pizza (Cherokee Brewing LLC). The purpose of accessing these documents was to understand the system in place for administering public benefits, specifically OTCs and to compare the operation and documents used to clear mandates in state law.

As can be seen in my other recent complaint (#1 of 2), I found multiple actions that I believe are illegal and require official investigation and possible prosecution.

In reviewing the copies of OTC applications and affidavits, I noted that on the November 2014 application for the City of Dalton to issue an OTC for the year 2015, owner Kasey Carpenter completed a notarized affidavit attesting to use of the federal E-Verify program, entered the unique user/ID number issued to his business by USCIS and entered “11-11-’14 as the date of authorization to use E-Verify.

The service provided by USCIS to track E-Verify users (“How to Find Participating Employers”) shows that Oakwood Cafe was authorized to use E-Verify on 1/19/12.

Clearly stated, the dates do not match on a very important document that serves as evidence of eligibility for Oakwood Café to be issued an Occupational Tax Certificate which is required to do business lawfully in Dalton, GA.

My open records request included a time frame of 1 July 2012 to 15 September 2020. It did not produce any copies of any documents from the Dalton OTC office for Oakwood Cafe completed in 2013 for the OTC to be issued for 2014. I am informed that Oakwood Café has been in business since 2004. As I noted on complaint #1, this seems to indicate that although it was apparently diong (doing) business, Oakwood Café was not issued an OTC for 2014.

There may be an easy answer to this confusion of which I am not aware.

—> Cherokee Brewing and Pizza – (Cherokee Brewing LLC)

Much more concerning is the fact that in reviewing the copies of documents sent by the Dalton OTC office, Kasey Carpenter, an owner of Cherokee Brewing and Pizza signed an affidavit attesting to use of the E-Verify, entered the date of authorization to use the system as “9/15/’19” and did not enter the required user/ID number of the E-Verify system which is assigned by the USCIS.

Apparently the OTC office in Dalton accepted this illegal affidavit (see complaint #1) without it being notarized.

The USCIS tracking database for E-Verify users (How to Find Participating Employers) does not produce records of any authorization for Cherokee Brewing and Pizza or Cherokee Brewing Co. or Cherokee Brewing LLC to use E-Verify.

–> Stated more clearly, in applying to obtain an OTC, owner and applicant for the OTC, Rep Kasey Carpenter says Cherokee Brewing has been authorized to use E-Verify since Sept 15, 2019. The United States Citizenship and Immigration Services says they have no record of that authorization.

It should be noted that according to the state law on private employers use of E-verify for employers with more than ten employees. Cherokee Brewing has completed documents for a Dalton OTC reporting more than ten employees since 2018.

OCGA 36-6-6:

• Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees. *Emphasis mine – dak.

The copies of all documents sent to me by the City of Dalton for Cherokee Brewing and Pizza can be seen here. For Oakwood Café, here.

I want to be clear that I hope I am mistaken in wondering if a state legislator and Dalton business owner has misrepresented his use of E-Verify or violated state law to obtain the OTC required to operate business lawfully.

OCGA 36-60-6(h) Any person presenting false or misleading evidence of state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20

(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section…. During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section.

—>Filing false documents is a serious violation under OCGA 16-10-20, which I respectfully paste below to eliminate confusion:

§ 16-10-20.1. Filing false documents

(a) As used in this Code section, the term “document” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and shall include, but shall not be limited to, liens, encumbrances, documents of title, instruments relating to a security interest in or title to real or personal property, or other records, statements, or representations of fact, law, right, or opinion. 

(b) Notwithstanding Code Sections 16-10-20 and 16-10-71, it shall be unlawful for any person to: 

(1) Knowingly file, enter, or record any document in a public record or court of this state or of the United States knowing or having reason to know that such document is false or contains a materially false, fictitious, or fraudulent statement or representation; or 

(2) Knowingly alter, conceal, cover up, or create a document and file, enter, or record it in a public record or court of this state or of the United States knowing or having reason to know that such document has been altered or contains a materially false, fictitious, or fraudulent statement or representation. 

(c) Any person who violates subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than ten years, a fine not to exceed $10,000.00, or both. 

(d) This Code section shall not apply to a court clerk, registrar of deeds, or any other government employee who is acting in the course of his or her official duties.

 I ask that you forward my complaint to Director Vic Reynolds and the Georgia Bureau of Investigation.

Sheriff Chitwood, on a personal note, as a 68 year-old former Marine, grandson of a police officer (Detroit Police Academy, class of 1928) and someone who has devoted the last seventeen years of his life to actively advocating for immigration enforcement, please accept my sincere gratitude for the courageous job you and your deputies and staff do for Whitfield County and Georgia.

At our house we respect and support law enforcement officers and pray for your safety.

Also, I have been an advocate for 287(g) since 2004 and am proud to have assisted in implementing the lifesaving 287(g) program in Gwinnett County. Please know the high level of admiration we have for you for your participation in that commonsense program.

I apologize for the length of this complaint. Please know that I have spent many hours on research and in compiling the information gathered. I was closely involved in the creation of the laws cited here and have great interest in seeing them actually enforced.

Respectfully submitted,

D.A. King

Marietta, GA. 30066