The below complaint was sent to Whitfield Couny Sheriff Chitwood this AM. I have received confirmation of receipt

 

 

 

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Complaint      #1 of 2 (complaint # 2 here).

Re: Multiple violations

 OCGA 36-60-6 & OCGA 50-36-1

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 the following City of Dalton officials for repeated and ongoing violations of OCGA 36-60-1 (E-Verify requirement for private employers) and OCGA 50-36-1 (verification of lawful status for public benefits).

Mayor David Pennington

Councilmember Derek Waugh

Councilmember Annalee Harlan

Councilmember Tyree Goodlet

Councilmember Gary Crews

City Clerk Bernadette Chattam

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

The E-Verify law

As part of HB 87, in 2011 (and 2013) language that is now OCGA 36-60-6 (posted here) went through a long and arduous committee process, was passed by the General Assembly and signed into law by then Governor Nathan Deal. The intent of the law is to reduce illegal immigration in Georgia, protect lawful workers by reducing illegal employment and the black market labor that reportedly costs Georgia taxpayers billions of dollars annually.

The additional concept was, and is, that the fewer illegal aliens we host in Georgia, fewer lawful residents would be affected by crimes committed by illegal aliens.

Those crimes include identity theft and fraud. Illegal aliens cannot obtain employment without committing identity crimes, which all too often can ruin the lives of innocent victims.

The law is clear that private employers with more than ten employees are required to use the federal E-Verify system:

 “(a) 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.”

The law also requires agencies that administer/issue/renew Occupational Tax Certificates (OTC) to collect information on affidavits from the employer that shows the number of employees he has, his unique E-Verify user/ID number issued by the United States Citizenship and Immigration Services or a statement that he is exempt from the E-Verify requirement because he has fewer than eleven employees. Also required is the date the employer was authorized to use E-Verify.

“(d)(1)Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer’s federally assigned employment eligibility verification system user number and the date of authority for use…”

 (2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.

The drafters of the law foresaw the likelihood of different agencies inventing their own style and format of forms and affidavits and sought to eliminate confusion and baseless violation defense of “we didn’t know…we have our own way of doing things…” by requiring the Attorney General to create a standardized form which the law says “…shall be used…”

(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.

I have posted that form here. Please note the area on the bottom for notarization.

OCGA 50-36-1

 This law was put in place in 2006 in an attempt to make Georgia less attractive to illegal aliens by insuring that only eligible residents were allowed to access public benefits (which include Occupational Tax Certificates). The Dept. of Audits and Accounts is charged under the law to create an affidavit that applicants for public benefits complete attesting to eligibility for these public benefits. This document is known as “Verification of Lawful Presence in the United States” affidavit.

(50-36-1: (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.”

That affidavit can be seen here from the Dept. of Audits and Accounts

In clear violation of state law, the City of Dalton leaders have invented and is using their own unauthorized version of this document. I suspect that city leaders are using their own illegal verification of lawful presence affidavit for other public benefits applications as well. I will assume that your office or the GBI will investigate that subject further.

Complaint

 * The City of Dalton office that issues Occupational Tax Certificates is in violation of OCGA 50-36-1 by use of an illegal affidavit.

* After spending a great deal of my own time on investigating the system used by the City of Dalton office that issues Occupational Tax Certificates, I see several ongoing violations. They include (but are not limited to) the fact that Dalton has ignored the law and invented it’s own jumbled affidavit to illegally replace the Private Employer Affidavit pursuant to OCGA 36-60-6 (d) that is readily available for use on the website of the Attorney General.

In addition to designing an unauthorized affidavit, the Dalton OTC office has curiously added the word “EXEMPT” in caps, bold and underlined above an unrelated section of their illegal official document that makes no sense. This addition should be explained.

I was able to see the Dalton OTC office’s issuing operation by using the state’s open records law and asking for copies of required documents required for issue and renewal for the time period 1 July 2012 to 15 September 2020 for two Dalton businesses (Oakwood Cafe and Cherokee Brewing and Pizza) chosen at random. While the response to my request was timely, the documents that logically should have been included for the 2013 application for the 2014 issuance of the OTC for Oakwood Cafe were not included.

Response to open records request Oakwood Café here. For Cherokee Brewing and Pizza here.

I wrote a note to the staffer who helped me to ask if the omission of the 2013/2014 documents an oversight, but I received no reply.

* It appears that the Dalton OTC office did not process an application or issue a 2014 OTC for Oakwood Cafe. Previous and subsequent years documents were sent to me for that business. Reliable press reports indicate that Oakwood Café has been open since 2004.

I understand how dry and uninteresting this topic is to the general public. But the law serves an integral purpose to fighting the organized crime of illegal immigration, which is largely caused by illegal employment.

I have no doubt my documented complaint will be treated to be as important as our other laws including tax-evasion, no-smoking, seat belt and laws that say we must provide certain benefits to illegal aliens. As for standardized forms, imagine if we all begin to send in our annual taxes filled out on homemade forms of our own design.

Summary:

 The City of Dalton OTC office (and likely other Dalton offices that administer public benefits) is in violation of OCGA 50-36-1 in that it is using an illegal affidavit to replace one that was carefully and officially designed to screen applicants for public benefits and to reduce the chances of those taxpayer benefits going to illegal aliens.

The City of Dalton Occupational Tax Certificate office is in violation of OCGA 36-60-6 in several ways – and in at least two languages. These violations are not limited to the fact that city officials are ignoring the law on proper and designated forms distributed to collect information used to monitor compliance with the E-Verify for private employers requirement.

I do not have an explanation for the fact that they cannot present applications, affidavits or certificates for Oakwood Cafe for the year 2014. I hope an official investigation will offer an explanation to all of this. I would be grateful if you inform me of any oversight here on my part.

I contend that the City of Dalton has illegally processed hundreds if not thousands of illegal applications/affidavits and thereby has issued as many illegal and invalid Occupational Tax Certificates and illegally administered an unknown number of public benefits to an unknown number of recipients.

I link to a list of public benefits regulated by OCGA 50-36-1 here.

I question the legality and validity of all Occupational Tax Certificates now being regarded as lawfully issued and recognized by the City of Dalton.

I ask that your office forward this complaint to the GBI and that the Attorney General prosecute the violators so as to serve as a deterrent to other officials who are not compelled to have an interest in strict compliance with the E-Verify laws in Georgia.

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. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section. 

 (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. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with 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.

 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

President, the Dustin Inman Society

Marietta, GA. 30066

 

 

 

 

 

The below complaint was sent to the Hall County Sheriff this morning. I have received confirmation of receipt.  Update, 17Sept: Amendment to complaint on bottom.

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15 September 2020

D.A. King

 

Complaint

Re: Multiple violations

 OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1

To:

Sheriff Gerald Couch, Hall County Georgia

Headquarters
2859 Browns Bridge Road
Gainesville, Georgia 30504
Phone: 770-531-6900

Sheriff Couch,

Please regard this as an official complaint against the following Hall County officials for repeated and ongoing violations of OCGA 36-60-1 (E-Verify requirement for private employers) and OCGA 50-36-4 (requiring agencies to submit annual immigration compliance reports) and OCGA 50-36-1 (verification of lawful status for public benefits).

Richard Higgins, Commission Chairman

Kathy Cooper, District 1 Commissioner

Billy Powell, District 2 Commissioner

Shelly Echols, District 3 Commissioner

Jeff Stowe, District 4 Commissioner

Susan Rector, Business License Division Director

I ask that you conduct an official investigation and assuming your investigators agree with my own research and findings, forward my complaint to the state Attorney General for prosecution. *My curiosity and open records requests have produced what should be regarded as a confession and confirmation of the violations I outline below.

The E-Verify law

As part of HB 87, in 2011 language that is now OCGA 36-60-6 (posted here) went through a long and arduous committee process, was passed by the General Assembly and signed into law by then Governor Nathan Deal. The intent of the law is to protect lawful workers by reducing the possibility of illegal employment and the black market labor that costs Georgia taxpayers billions of dollars annually.

In a general description of the measure, as a condition of issue of business licenses and under penalties of false swearing (OCGA 16-10-20), the law requires private employers applying for business licenses to report the number of their employees. Those with more than ten employees are required to swear on an affidavit they are authorized by the federal government to use the no-cost federal E-Verify system and that he or she utilizes this federal work authorization program in accordance with federal regulations.

The law requires employers subject to the E-verify requirement to enter on the affidavit the date they were authorized to use E-Verify and the unique user/ID number for E-Verify assigned by the United States Citizenship and Immigration Services (USCIS) which is the federal agency inside DHS that operates E-Verify.

The law mandates agencies that issue business licenses collect this affidavit before issuing the business license and to further collect information upon annual renewal/re-issue that reflects the employer’s current number of employees and to again collect the subject employer’s E-Verify user number. From the law:

“(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.”

This repeat process is to insure continuous authority to use E-Verify.

The user number will change if the employer were to cancel his authorization with USCIS to use E-Verify after the original business license is issued and then obtain a separate and new E-Verify agreement.

Issuing agencies, including Hall County Business License Division, are supposed to check the E-Verify user number at annual renewal/re-issue and if it is different than the number on the original affidavit, obtain a sworn explanation of why the user number had changed before renewing/re-issuing the license.

“(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.”

The drafters of the law foresaw the likelihood of different agencies inventing their own style and format of forms and affidavits and sought to eliminate confusion and baseless violation defense of “we didn’t know…we have our own way of doing things…” by requiring the Attorney General to create a standardized form which the law says “…shall be used…” I have posted that form here. Please note the area on the bottom for Notarization.

As proof of compliance with the law, issuing agencies – such as the Hall County Business License Division – are required to provide an annual report validating compliance to the Department of Audits and Accounts pursuant to Code Section 50-36-4. Guidelines from Audits and Accounts can be seen here.

“(e) Counties and municipal corporations subject to the requirements of this Code section 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 Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.”

In addition to my involvement with the creation of this regulation in 2011, using public records laws I have recently spent considerable time and effort to establish that Hall County Government is in clear and ongoing violation of this state law.

Obvious violations:

 OCGA 36-60-6

* As you can see from one response to my request for open records (full response here, business license docs here), Hall County does not use the Private Employer Affidavit mandated by law and has invented their own form which is incorporated into the application for a business license and does not involve Notarization (as the AG affidavit requires) as far as I can see.

It appears that Hall County has combined their business license application with an invented version of the affidavit required for an entirely different (but equally important) state law (OCGA 50-36-1) which pertains to verifying the legal immigration status of applicants for public benefits (which does have a space for a Notary) thereby violating the language of the verification of lawful status law while ignoring the requirements of the E-Verify law designed to deter illegal employment and illegal immigration.

* Hall County government cannot produce copies of the required documents that are supposed to be collected before the annual re-issue/renewal of the business license.

An August 27, 2020 email from the Business License Division explains why and contains an admission that the law is not followed on annual renewals/re-issue.

 * “Mr. King,

 We only require an E-Verify number one time when any new application is made.  During our renewal process, we only send out a bill to the business owner and they are not required to send their E-verify number again.  I hope this helps.

 Have a Blessed Day!

 Brandi Smith

Hall County Business License

Licensing Specialist

2875 Browns Bridge Rd.

Gainesville, GA 30504 – 770-531-6815”

I respectfully trust this admission of non-compliance/guilt will reduce the time and effort involved in your investigation and the Attorney General’s prosecution.

“(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.” 

OCGA 50-36-4

 * I submit that filing a report that validates compliance with the E-Verify law when compliance is not happening is filing a false report.

I have asked Hall County Business License Division for copies of the required compliance reports from 2012-2019 and am told to expect that information late this week. Your office should be able to access them from the Dept. of audits and Accounts.

OCGA 50-36-1

 The law requires that a standardized affidavit for verification of lawful presence be used for this purpose as well.  OCGA 50-36-1: “(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.”

 * The Hall County Business License Division is using an affidavit of their own concoction in place of the mandated affidavit created for use by the Dept. of Audits and Accounts, which can be seen here. This is yet another violation for each application taken since the language was effective.

Apparently, these abuses have been going on since 2012 when OCGA 36-60-6 became effective.

I have used an open records request to attempt to get an estimate of how many business licenses have been issued and renewed/re-issued in the violation of the law described here but am informed that Hall County does not have ready access to documents that would show total issues and re-issues from 2012 to and including 2019.

I apologize for the length of this complaint, but intend to pursue this flagrant disregard for state law by Hall County and wanted to make the issue as clear as possible for those who do not spend their time fighting illegal employment, which is the main driver of illegal immigration.

Official figures show that Georgia is home to more illegal aliens than is Arizona and more illegal aliens than green card holders.

It is long proven that enforcement of the law works to reduce illegal immigration. I am confident that your office will handle this exposure of the likely thousands of violations of state law and malfeasance in Hall County government with the gravity it merits.

On a personal note, as a USMC veteran who has dedicated his life to immigration enforcement for the last seventeen years and as the grandson of a 25-year veteran of the Detroit Police Dept. (Detroit Police Academy Class of 1928)  – please be advised of my admiration for your own dedication to public safety through your use of the lifesaving 287(g) tool. I am proud to actively advocate for 287(g) and to have assisted in the implementation of 287(g) in Cobb and Gwinnett counties.

You have my entire family’s sincere gratitude and respect for your courage and the tireless protection you and your deputies provide to Hall County and our state.

At our house, we are proud to actively and vocally support all law enforcement officers.

Please contact me with any questions. I would be grateful for a response from your office so that I know this complaint has been received and is active in your investigations.

Very respectfully submitted,

D.A. King

President, the Dustin Inman Society

TheDustinInmanSociety.org

Proprietor, ImmigrationPoliticsGA.com

Marietta, GA. 30066

New York Times profile here.

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Amendment to complaint sent 17 Sept:

17 September 2020

Re: Complaint dated 15 September 2020 – Hall County Government

Re: Multiple violations

 OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1

To:

Sheriff Gerald Couch, Hall County Georgia

Headquarters
2859 Browns Bridge Road
Gainesville, Georgia 30504
Phone: 770-531-6900

Sheriff Couch,

I write to amend my complaint of 15 September and to save your office time and effort in your investigation.

Please disregard the section of the complaint entailing OCGA 50-36-4 and the required compliance reports.

After a triple-check review of the language of that law and the format for the compliance reports set up by the Dept. of Audits and Accounts (DOAA) and lengthy conversation with a senior staffer at DOAA I no longer am convinced that Hall County Business License Division is in violation of the that reporting requirement as the requirements are currently laid out by DOAA.

The evidence I have sent to your office on violation of the other two state laws is overwhelming and concrete. Please know this amendment has no bearing on the admitted violations of OCGA 50-36-1 and OCGA 36-60-6.

Kindly confirm your receipt of this note and amendment.

Respectfully,

D.A. King

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Sent Sept 26, 2020. I received conformation of receipt.

26 September 2020

Re: Complaint dated 15 September 2020 – Hall County Government

Re: Multiple violations

 OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1

 

To:

Sheriff Gerald Couch, Hall County Georgia

Headquarters
2859 Browns Bridge Road
Gainesville, Georgia 30504
Phone: 770-531-6900

 

Please forward my complaint to the G.B.I.

 

Sheriff Couch,

I write to ask that you forward my complaint of 15 September 2020 against various members of Hall County government to Director Vic Reynolds of the Georgia Bureau of Investigation instead of the AG’s office.

Please forgive my ignorance the system.

Kindly confirm your receipt of this note.

Respectfully,

D.A. King

Marietta

 

 

 

 

 

 

 

 

 

 

 

 

 

O.C.G.A. § 36-60-6 (Nexus Lexus) Note: Bold highlights mine – dak

Copy Citation
Current through the 2019 Regular Session of the General Assembly and HB 276 and HB 444 of the 2020 Regular Session of the General Assembly

 

GA – Official Code of Georgia Annotated

TITLE 36. LOCAL GOVERNMENTPROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS

CHAPTER 60. GENERAL PROVISIONS

§ 36-60-6. Utilization of federal work authorization program; “employee” defined; issuance of license; evidence of state licensure; annual reporting; standardized form affidavit; violation; investigations

(a) 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.
(b) For purposes of this Code section, the term “employee” shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week.

(c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.

(d)
(1) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer’s federally assigned employment eligibility verification system user number and the date of authority for use. 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.
(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.

(e) Counties and municipal corporations subject to the requirements of this Code section 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 Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.

(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.

(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.

(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. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section.

(i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.

(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. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with 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.

History

Code 1981, § 36-60-6, enacted by Ga. L. 1992, p. 1553, § 1; Ga. L. 2011, p. 794, § 12/HB 87; Ga. L. 2013, p. 111, § 4/SB 160.

OFFICIAL CODE OF GEORGIA ANNOTATED
Copyright 2020 by The State of Georgia All rights reserved.

 

 

 

The below open records request was sent via email on August 18, 2020 at 11:26 AM. The initial response is posted here.

 

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Mr. Mitchell,

Please regard this email as my official request for copies of Georgia Department of Labor (GDOL) documents and records under state public records law.

I note that GDOL has an entry on its website (FAQs) informing readers that GDOL uses the Georgia Department of Drivers Services (DDS) to verify the lawful presence required by state law (OCGA 50-36-1) for aliens to qualify for public benefits.

“What is the Applicant Status Affidavit?

Georgia law requires that all applicants for UI benefits who are 18 years of age or older attest they are:

• a United States citizen, or
• a legal permanent resident, or
• a non-citizen legally present in the United States.

The GDOL performs electronic verification of your lawful presence in the United States with the Georgia Department of Driver Services (DDS). The DDS validates the identity of individuals who indicate they have a Georgia-issued driver’s license or identification card.”

State law (OCGA 50-36-1) passed in 2006 and amended in 2009, 2011, 2012, 2013 mandates that this verification process for lawful presence be done using the federal SAVE program operated by the United States Citizenship and Immigration Services (USCIS).

1) Please send me a copy of any authorization or replacement law that would alter the GDOL requirement for SAVE verification and/or change verification source to DDS – including bill number, year passed into law and code section.

2) Please send me copies of any and all GDOL documents, emails, memorandums or policy files that pertain to or mention GDOL requesting or discussing a change in state law regarding GDOL’s direct use of the SAVE program and transferring the lawful presence verification to DDS with a time frame of from 1 January 2013 to 15 August 2020.

3) Please send me a copy of any agreement, MOU/MOA between USCIS and GDOL authorizing GDOL to use the SAVE program including original agreement and all renewals from July 1, 2006 to 15 August, 2020.

4) Please send me a copy of any official agreement between GDOL and DDS pertaining to DDS being the source and authority of verification of lawful presence of non-citizen applicants who apply for public benefits at GDOL – including any email, memorandums or proposals for GDOL to use DDS to verify lawful presence of GDOL applicants for public benefits.

5) Please send me a copy of any document that may illustrate the most recent date of a GDOL query to the SAVE program for verification of lawful presence of an applicant for the public benefit of unemployment insurance or other public benefit administered by GDOL.

6) Please send me copies of any/all internal GDOL email or memorandums or policy discussions that mention ‘Permanent Residence Under Color of Law’ (PRUCOL) including GDOL policy on PRUCOL creating eligibility for lawful presence or unemployment insurance and any correspondence between GDOL and DDS pertaining to PRUCOL.

7) Please send me a copies of any document or electronic form that serves as a transmittal of information from GDOL to DDS of information gathered from GDOL collected applications for unemployment insurance benefits.

8) Please send me copies of any and all internal email, memorandums, policy statement or records or correspondence pertaining to or mentioning federal deferred action on deportation or the Obama-invented DACA program for illegal aliens with a time frame of 1 July, 2012 to 15 August, 2020.

9) Please send me copies of any emails, memorandums or inquiries that ask for information on GDOL administering and or issuing unemployment insurance benefits for illegal aliens who have DACA status or other deferred action on deportation status.

10) Please send me copies of any/all GDOL emails, memorandums or internal correspondence pertaining to or mentioning the March 6, 2019 Eleventh Circuit Court of Appeals finding that DACA recipients do not have lawful presence or legal status and are inadmissible and removable under the Immigration and Nationality Act (INA). For clarity, I link to that finding here.

11) Please send me any record or document that shows the response code received from the SAVE program to a query from GDOL on immigration status of an applicant with DACA status for unemployment insurance.

12) Please send any document, record, table or index that shows all possible responses and codes used by the SAVE program to answer GDOL queries on immigration status for applicants for public benefits including unemployment insurance benefits.

Please contact me at any time with questions on my request. Please expect this request to be one of several with a goal of gaining a clear and accurate understanding of GDOL policy and operations on administering public benefits/unemployment insurance.

Thank you for a timely reply. I look forward to your itemized estimate of research costs for my request.

Respectfully,

D.A. King

Marietta, GA.

 

 

 

 

Posted from an immigration law firm website.

Illegal Immigrants with Deferred Action Can Get a Georgia Driver’s License

Betts & Associates

August 25, 2012

Not having a valid driver’s license is a significant obstacle for many undocumented workers. The driver’s license is an important way to get to jobs or school, but also much needed form of identification. Until a few years ago, getting a driver’s license was possible for all Georgia residents who could pass the written and road tests. But a national crackdown lead by anti-immigration forces, change that. Now, when applying for a license, you must present your full social security number, and proof of U.S. citizenship or lawful presence in the United States, which is not possible for those who were brought to this country as children and who are currently lacking lawful status. For those immigrants who obtain work permits under the deferred action plan created by President Obama, getting a Georgia driver’s license has become possible.

This week Attorney General Sam Olens wrote a letter to Georgia Governor Nathan Deal. The Associated Press reports that AG Olens, a Republican said in the letter, “While I do not agree with the actions of the President in issuing the directive, it has been implemented by the Department of Homeland Security, USCIS (U.S. Citizenship and Immigration Services), and state law recognizes the approval of deferred action status as a basis for issuing a temporary driver’s license.” According to the article, this letter came after “a Georgia Department of Driver Services spokeswoman said last week that Georgia law considers those with deferred action status eligible for driver’s licenses and added that the agency would issue them unless it got other instructions.”

Although it might seem like this would be a universal decision, in many states governors are taking the opposite action and expressly barring their Departments of Motor Vehicles from issuing license. Not surprisingly, Arizona Governor Jan Brewer is refusing to grant licenses. Following her lead are Nebraska and Texas. Though it is not completely clear if Governor Deal will follow the recommendation of his AG and the Georgia DDS, by seeking their guidance it suggests that he is interested in following their recommendations, particularly because to do otherwise would be at odds with his own party’s Attorney General.

In order to obtain a driver’s license in Georgia, a person will have to first apply and qualify for deferred action. Information on apply for these programs and how Betts and Associates might be able to help you can be found here and here. Once you have your work permit, you would then be eligible to apply.

Like any new driver, deferred action participants would first need to get a permit. and then after the required wait time, could apply for a license.

Drive safe and good luck!

Here. 

 

Sent August 13, 2020 at 1:38 PM.

Timothy,

Regarding question number four, to answer that you do what other agencies do is not a specific answer to my question. I am looking for a specific answer as to what code or response from SAVE does DOL receive for DACA recipients.

My question was and still is “Please tell me the code or response from the USCIS-operated SAVE verification program to the query from your office when a non-citizen with DACA makes an application for unemployment benefits if DACA status is known or noted during processing. I am aware that other issuing agencies receive a response of “employment authorized” from SAVE when making immigration status queries for DACA recipients.”

So, let me state my question again:

What is the code(s) and/or response(s) GA DOL receives from USCIS’s SAVE verification program on an immigration status query, originating from GA DOL offices, for DACA recipients?

Please reply ASAP as you have already had approximately one month to respond to these simple questions.
Regards,

Jeff Jones (signature)

 

DOL response to Rep Jeff Jones letter of July 24, 2020

 

On Mon, Aug 10, 2020 at 1:20 PM Timothy Mitchell wrote:

Representative Jones:

Your inquiry was forwarded to me for a response. In that regard, please find below in red the responses to your questions.

Please advise if you require additional information.

Tim Mitchell

General Counsel
—
DOL response in bold.

(Q) Does the information from GBPI coincide with policy and practice in your office – does your office accept unexpired EADs from DACA recipients as proof of lawful presence?

If the claimant has a valid work permit, appropriate government issued identification and has sufficient wages in the base period, then the claimant will have a valid claim with eligibility to be determined.

(Q) Does your office accept, process and/or qualify UI applications from non-citizens with DACA?

To have a valid claim, all non-citizen claimant must have a valid work permit or appropriate government issued identification

(Q) I am aware that each EAD contains a status code from USCIS. Does your office use that code in inspecting and processing applications from non-citizens?

No

(Q) Please tell me the code or response from the USCIS-operated SAVE verification program to the query from your office when a non-citizen with DACA makes an application for unemployment benefits if DACA status is known or noted during processing. I am aware that other issuing agencies receive a response of “employment authorized” from SAVE when making immigration status queries for DACA recipients.

We do the same as other state agencies

 

 

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…”

 

 

 

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.

 

Gov Brian Kemp. Image: The Resurgent

HB444 billed as ‘reform’ to dual enrollment program but does not change lack of screening for illegals

Original column here from ImmigrationPloiticsGA.com 

 *UPDATE – 8:50 PM. I  was informed about 5:30 this evening that although it wasn’t on the Rules calendar, while I was writing the below column, House leadership put the HB444 bill on members desks and held a surprise vote today. This was done because we were shining way to much light on the DE program and the bill. Too many House Reps were starting to ask questions. They voted about 12:30-ish I am told. The bill passed (they agreed to senate version).

Never let it be said that Gov Kemp and Speaker Ralston won’t work together.

“They shoved it down our throats. If I had known all this, I never would have voted to agree” one GOP Rep told me this evening. 

__

Spoiler alert to this post: While it is billed as a way to produce a more educated workforce, the Georgia dual enrollment program allows high school students to attend public universities at zero tuition cost. It has no verification system to keep illegal aliens out of the taxpayer-funded system. And, unless they have the Obama DACA amnesty, which provides a work permit, illegal aliens are not eligible to work anywhere in the United States. Read the story on ImmigrationPoliticsGA.com here