The act requires local governments that administer public benefits to collect an affidavit from applicants affirming their citizenship or lawful alien status and use the federal SAVE (Systematic Alien Verification for Entitlements) database to verify the immigration status of alien applicants.

My home county of Gwinnett (east metro Atlanta) recent began verification, but not a single one of Gwinnett’s dozen or so municipalities have moved to comply with the state law.

Cherokee Tribune – ‘Better safe than sorry’

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

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.