Gwinnett Cities, County Ignore State Immigration Law

Almost 18 months after Georgia enacted one of the toughest illegal immigration laws in the nation, neither the county nor a single Gwinnett city has fully complied with the new requirements regarding eligibility for public benefits.

S.B. 529, enacted as the “Georgia Security and Immigration Compliance Act,” went into effect on July 1, 2007. The law requires any employer doing business with a state or local government to verify the eligibility of their new employees through the federal E-Verify system. It also defines several new crimes including trafficking a person for labor servitude, as well as requires jails and prisons to determine the legal status of all arrestees.

But it is the provision regarding eligibility for public benefits that Gwinnett’s cities and county government continue to ignore.

A Political Football Fumbled

In District 1, where the arguably largest illegal immigrant population is found, former Duluth Mayor Shirley Lasseter’s solution is to court the Feds to build a new prison in Gwinnett while challenger Carol Hassell accuses her of having practically presided over a “sanctuary city” in Duluth.

The candidates for County Commission Chairman have alternately claimed credit for the county’s immigration efforts to date and accused each other of stealing campaign promises. As the D-1 Commissioner, Lorraine Green led the push for tougher restrictions on employers holding county contracts while incumbent Charles Bannister has promised to “enact an ordinance blocking illegal immigrants from obtaining business licenses,” should he be reelected.

Bannister’s promise rings a little hollow, however, since SB-529 required the county to verify the immigration status of business license applicants– a year-and-a-half ago.

Verification for Public Benefits Required

O.C.G.A. 50-36-1(a) requires that “…on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621….”

To verify the applicant’s eligibility, the city or county must require the applicant to sign, under penalty of perjury, an affidavit that he or she is eligible for the benefit. The government agency must then submit the applicant’s data to the Systematic Alien Verification of Entitlement (SAVE) system. The affidavit serves as proof of lawful presence until the SAVE verification can be completed.

The Business License: A “Public Benefit”

For local government, “public benefit” is defined by federal law in 8 U.S.C. Section 1621(c)(1)(a) :

“… the term “State or local public benefit” means— (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government….”

It is clear (although most business owners would probably disagree) that a city or county business license is a “local public benefit” that is subject to the requirements of the state “Security and Immigration Compliance Act.”

In other words, for the past 18 months it has been a prerequisite for the issuance or renewal of a county or city business license that the applicant attest to his/her lawful presence in the United States, and that the government verify the claim.

None in Compliance

According to the U.S. Citizenship and Immigration Services, as of April 23 not a single Gwinnett city nor the county government has enrolled to participate in the SAVE Program to verify eligibility for public benefits. As a consequence, individuals who are not legally in the United States could be receiving public benefits, including business licenses, to which they are not entitled.

Gwinnett Not Alone

Gwinnett is not the only county that has failed to comply with the new state law regarding public benefits. According to immigration activist D.A. King, founder of The Dustin Inman Society, only nine of Georgia’s 159 counties and approximately 500 municipalities currently participate in the SAVE program. Less than half verify their own employees and public contract holders through E-Verify, which is the federal database through which employers can check the employment eligibility of their new hires.

(Only four Gwinnett municipalities– Berkeley Lake, Norcross, Sugar Hill and Suwanee– participate in E-Verify to check their own new employees.)

The Extra Step: E-Verify for Business License

The law requires business license applicants to swear to their lawful presence, but what about the workers that the business employs? Through authority accorded by federal law, cities and counties can require that a business license applicant also prove that the business is registered to verify new hires through the federal E-Verify database, either directly or through a Designated Agent.

Verify Now

Communities across the country, including Gwinnett County, feel the impact of illegal immigration primarily in its draw on public facilities and resources. Federal law expressly gives local government the authority to regulate immigration through licensing. Georgia’s “Security and Immigration Compliance Act” and the federal SAVE Program provide local authorities with a powerful and tested tool to mitigate the effects of illegal immigration.

There is no reason for further delay. [If you live in Georgia, c]ontact your elected officials today and insist that they immediately comply with the “Security and Immigration Compliance Act.” You should also insist that businesses seeking to receive or renew a business license be required to participate in E-Verify.

You can contact the Gwinnett County Commission here.  City web sites for contact information are listed here.