Gwinnett’s Immigration Enforcement Leaves Much to be Desired

Gwinnett County recently announced that it would comply with a 15-month-old state law that requires it to verify the citizenship status of applicants for a new business license or renewal. But the county’s strict interpretation of the law creates a loophole large enough for an illegal alien to crawl through.

Commission Chairman Charles Bannister knows this. He also knows that there is a more effective enforcement tool available to the county, yet he has refused to use it.

<> The Law

O.C.G.A. 50-36-1(a) of the “Georgia Security and Immigration Compliance Act” (GSICA, aka Senate Bill 529) 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….”

A business license is considered a “public benefit” by federal law.

To verify the applicant’s eligibility, the county must require the applicant to sign, under penalty of perjury, an affidavit that he or she is eligible for a license. If the applicant claims to be a US citizen, the affidavit is all that is required. If not a citizen, the county must then submit the applicant’s data to the Systematic Alien Verification of Entitlement (SAVE) system. SAVE tells the government whether or not the applicant is in the country legally and thereby eligible to receive the license.

The problem is in the county’s interpretation and applicability of the phrase “any natural person.” According to county attorneys, corporations and most other business entities are not considered “natural persons.” By the county’s interpretation, the verification requirement therefore only applies to Sole Owner businesses (sole proprietorships) and, because of their treatment under tax law, can also apply to Sole Member Limited Liability Companies (LLCs).

Consequently, county staff will not require corporate and partnership applicants to submit an affidavit. And if there’s no affidavit, there’s no verification of non-citizens through SAVE; there’s no penalty for illegally obtaining a business license.

<> Gaming the System

The possibilities for avoidance of the verification requirement are obvious. An illegal alien seeking a business license could simply take on a “silent” business partner. In fact, the partner could be illegal as well– the county will not question the applicant’s status because the “applicant” is a “partnership.”

Although I do not have specific figures, I would wager that a significant number of applicants are sole proprietors or sole member LLCs. In fact, I hold two biz licenses; one in each of those categories.

The solution is actually very simple. Business license applicants are required to list all officers, if a corporation or, if an LLC or partnership, all members of the entity. It would be a simple matter to require ALL named officers and partners– all of them “natural persons”– to submit the notarized affidavits.

<> Illegal Immigration Not a Priority

It is common knowledge that money is tight. It is highly likely that, absent an immediate upturn in the economy or a decision to further drain reserves, the County Commission will be forced to raise taxes next year.

It is also common knowledge that illegal aliens constitute a measurable drain on public resources. One need only visit the local E.R. to see a waiting room full of children with runny noses. I am immediately reminded of the $25 million dollar multi-year subsidy that the Commission approved for the expansion of Gwinnett Medical Center two years ago, even while the hospital was reporting a significant profit.

Many of the arrestees booked into the county jail are foreign-born… over 12,000 last year. Arguably, a significant number of those arrestees are here illegally and you pay to house and feed them. In addition, the Sheriff’s Department’s participation in the federal 287(g) program (alien identification and expedited deportation) will cost taxpayers an additional $1.5 million a year.

If you are like me, you were alarmed but maybe not surprised to learn that Mexican drug gangs have made the metro Atlanta area– including Gwinnett County– a hub for their drug enterprises. Drug dealers have been plucked off of Gwinnett streets in possession of POUNDS of cocaine and marijuana and MILLIONS of dollars in drug money. Drug-related crimes including kidnapping and murder are on the rise.

But despite the cost of illegal immigration to the taxpayer and the continued deterioration of our quality of life, Commission Chairman Charles Bannister continues to drag his feet regarding enforcement.

He has not INITIATED a single enforcement plan. The flawed business license verification process is only in place because of my inquiries, public pressure brought by Gwinnett Gazette readers and the threat of a lawsuit by a Cobb County immigration activist.

Last year, he publicly criticized proponents of 287(g). Earlier this year, a majority of the Commission was forced to override his effort to restrict funding for the 287(g) program.

It has been my perception that Bannister actually knows very little about this issue and has no interest in learning, much less in leading the local effort to battle the effects of illegal immigration.

<> A Better Way

Even worse, Bannister has resisted more aggressive and more effective enforcement tactics. For months, I have advocated requiring ALL business license applicants to sign up for the E-Verify program, which is a free Web-based employee eligibility verification system through which employers can quickly check whether or not their new hires are legal to work in the US.

In other words, the verification process adopted by the county will ONLY catch the illegal immigrant APPLICANTS for business licenses who are honest enough to apply correctly (highly unlikely), whereas an E-Verify requirement would require every entity holding a Gwinnett business license to verify that ALL of their newly-hired employees are legal to work.

<> What You Can Do

The County Commission– specifically, Chairman Bannister– must hear from you that you expect him to employ EVERY tool available to minimize the impact of illegal immigration on our communities and on your wallet. You should insist that he instruct the licensing staff to require ALL individuals named on a business license application to submit an affidavit of eligibility. More importantly, you should demand that the county immediately institute an “E-Verify for business license” requirement.

You are welcome to forward this email to the Commission Chairman (charles.bannister@gwinnettcounty.com) or send an email in your own words to all Commissioners at once at www.tinyurl.com/commishes/ . My email will read thusly:

“Chairman Bannister, I am very disappointed at the county’s lack of commitment to aggressive illegal immigration enforcement. I am aware that there are several tools available for this purpose to county government; specifically, that federal law expressly grants local government the authority to regulate illegal immigration ‘through licensing.`

“I believe, however, that the county’s interpretation of the ‘Georgia Security and Immigration Compliance Act’ regarding business licenses is flawed and will render the affidavit process ineffective. Even worse, I believe that your administration has failed to take advantage of the most effective enforcement tool available; that being the federal E-Verify program.

“I respectfully request that you immediately instruct the business licensing staff to require ALL individuals named on a business license application to submit an affidavit of eligibility according to O.C.G.A. 50-36-1(a). I also insist that you immediately sponsor an ordinance to require enrollment in the federal E-Verify program as a prerequisite for receiving or renewing a business license.

“As a Gwinnett County resident and a voter, I consider illegal immigration to be one of the most pressing  issues facing our county. I insist on prompt implementation of the measures that I have described.”

Contact the Commission: http://www.tinyurl.com/commishes/

GC Program Announcement: http://tinyurl.com/gc-verify-announce

GC Biz License application, verification affidavits: http://tinyurl.com/gc-verify-docs