Immigration Politics Georgia

looking for a better life * news and pro-enforcement opinion

D.A. King

On Gov Kemp’s HB444 – zero verification to exclude high-school illegal aliens from taxpayer-funded college seats (raw notes)

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Image: The Dustin Inman Society

 

HB444 House sponsors: (original version here)
(1) Reeves, Bert 34th(2) Lott, Jodi 122nd(3) Rogers, Terry 10th

(4) LaRiccia, Dominic 169th(5) Knight, David 130th

Sponsored In Senate By

Strickland, Brian 17th

*See Gov Kemp’s floor leaders here.

HB444 Senate substitute   

Lines 55-63 here as passed by the Republican – ruled state senate on January 28, 2020.

‘Eligible high school student’ means a student entering ninth, tenth, eleventh, or twelfth grade at an eligible high school. who is:

 (A) Entering or enrolled in eleventh or twelfth grade at an eligible high school taking any eligible dual credit course at any eligible postsecondary institution; or
(B) Entering or enrolled in tenth grade at an eligible high school when such student:

 Is enrolled in an eligible CTAE course at an institution within the Technical College System of Georgia;
(ii) Has obtained prior to the beginning of the term of dual enrollment coursework an SAT or ACT test score that would meet the assessment requirements of a Zell Miller Scholar pursuant to division (27)(A)(i) of Code Section 20-3-519 and is taking eligible core courses at any eligible postsecondary institution; or
(iii) Was enrolled as a ninth grader in one or more dual credit courses at an eligible postsecondary institution for which payment was made under this part on or before June 30, 2020.

Lines 17- 22:

“This Code section shall be known and may be cited as the ‘Move on When Ready Act.’ ‘Dual Enrollment Act.’ The purpose of the Dual Enrollment program is to promote and increase access to postsecondary educational opportunities for Georgia high school students while increasing   high school graduation rates, preparing a skilled workforce, and decreasing time and cost to postsecondary credential completion.”

Senate Vote record here. (January 28, 2020)

House vote record (2019) here.

Jerry Gonzalez, corporate-funded GALEO leader on anti-sanctuary bill: “… a distraction and fear mongering…”

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Jerry Gonzalez, GALEO. Image: Access WDUN.com

 Coca-Cola and Georgia Power regular GALEO supporters

Longtime enemy of immigration enforcement, Jerry Gonzalez, was quoted by Capitol-Beat News Service remarking on public safety legislation introduced yesterday by state Rep Phillip Singleton (R- Sharpsburg). Singleton’s bill is aimed at “sanctuary” policies for illegal aliens by local governments in Georgia.

From the report:

“Local Latino advocates panned the bill Wednesday, calling it a threat Georgia’s huge immigrant workforce that drives the state’s poultry, carpet and hospitality industries.

Jerry Gonzalez, executive director of the nonprofit Georgia Association of Latino Elected Officials (GALEO), said the measure would make Georgia less safe. “Georgia does not need this legislation, and it is simply aimed as a distraction and fear mongering during an election year,” Gonzalez said.

The entire Capitol-Beat story is available here.

Gonzalez is a former MALDEF lobbyist and Democrat fundraiser known to verbally attack female legislators who take a pro-enforcement position on immigration.

MALDEF was co-founded by anti-borders activist Mario Guerra Obledo who was best known for his 1998, on-air quote concerning California’s political future. “California is going to become a Hispanic state and if anyone doesn’t like it they should leave. They ought to go back to Europe,” said Mario Guerra Obledo, co-founder of MALDEF, on the Tom Likus radio show.

GALEO counts Georgia Power, Coca-Cola and Telemundo as financial supporters.

IPG will keep readers informed on Rep Singleton’s immigration enforcement bill.

Read the initial version of HB915 here.

Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance – from USCIS

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U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court):

In addition, except in Illinois, applicants for adjustment of status subject to the public charge ground of inadmissibility and the Final Rule will be required to submit Form I-944, Declaration of Self Sufficiency. Certain applicants whom USCIS invites to submit a public charge bond will use the new Form I-945, Public Charge Bond, for that purpose, and the new Form I-356, Request for Cancellation of Public Charge Bond, to request cancellation of a public charge bond.

Certain classes of aliens (such as refugees, asylees, petitioners under the federal Violence Against Women Act, and certain T and U visa applicants) are exempt from the public charge ground of inadmissibility and therefore are not subject to the Inadmissibility on Public Charge Grounds final rule. For more information about the classes of aliens who are exempt from the final rule, please see the USCIS Policy Manual.

Reporting Information About Benefits

The final rule requires aliens to report certain information related to public benefits. Instructions for Form I-944 require aliens subject to the public charge ground of inadmissibility to report and submit information about whether the alien applied for, was certified or approved to receive, or received certain non-cash public benefits on or after Oct. 15, 2019.

Instructions for Forms I-129, I-129CW, and I-539 require the petitioner or alien to report whether the alien received public benefits since obtaining the nonimmigrant status the alien seeks to extend or change.

Due to litigation-related delays in the rule’s implementation, USCIS is applying all references to Oct. 15, 2019, as though they refer to Feb. 24, 2020. Petitioners and applicants should do the same. In other words, aliens do not need to report the application, certification or approval to receive, or receipt of certain non-cash public benefits on the Form I-944 before Feb. 24, 2020. Similarly, petitioners and aliens do not need to report an alien’s receipt of any public benefits on Forms I-129, I-129CW, and I-539 if the benefits were received before Feb. 24, 2020.

Postmarks and Submission Dates for Forms

USCIS will accept the current edition of these forms if they are postmarked (or submitted electronically, if applicable) before Feb. 24, 2020. We will not accept them if they are postmarked on or after Feb. 24, 2020, except in Illinois. For applications and petitions that are sent by commercial courier (such as UPS, FedEx or DHL), the postmark date is the date reflected on the courier receipt.

Illinois Residents

​​USCIS is prohibited from implementing the final rule in Illinois, where it remains enjoined by the U.S. District Court for the Northern District of Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance. If you are applying for immigration benefits and live in Illinois, or are a petitioning employer in Illinois, please review the information on our website about how Illinois residents may access forms and apply in light of the injunction.

Further Information

USCIS has also published guidance based on the final rule in the Policy Manual. For additional information, see the Policy Alert.

For more information about the final rule, see the Final Rule on Public Charge Ground of Inadmissibility webpage.

How many illegal aliens are in Georgia’s taxpayer-funded ‘dual enrollment’ program?

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Image: USG

HB 444 needs work 

*Updated: 2:12 PM Feb. 3, 2020

 

More attention should be paid to Georgia’s “dual enrollment” program, related legislation and the very real possibility that illegal aliens in high school are taking seats in the university system while avoiding the verification process for “lawful presence” through which the rest of the college applicants are supposed to be screened.

If we understand it correctly, high school students are taking state-funded college seats – with no cost to the student.

The SAVE program is the default federal tool in state law (OCGA 50-36-1) used to verify eligibility of foreign nationals for a host of Public Benefits. Post-secondary education is exempted from the verification mandate but USG implemented policy to verify “lawful presence” and the use of the SAVE program in 2010.

Covering legislation dealing with proposed changes to the system, in a recent “What to know about Georgia’s dual enrollment bill” the AJC reports that “supporters of the bill say the program’s costs have skyrocketed in recent years and changes are necessary to make it sustainable. About 52,000 students are currently enrolled in the program.”

Line 52 of the pending HB 444 defines an “eligible student” for dual enrollment but we don’t see any language that would exclude illegal aliens or that requires any verification process. *UPDATE: We don’t see any on the paper dual enrollment funding application either.

Before final action is taken on the bill, more questions should be asked.

Where in the law and the legislation does the dual enrollment system exclude illegal aliens from the very costly program? Where is language that requires USG to use their in-place verification system for dual enrollment students?

Maybe it is already policy, but putting a verification requirement into dual enrollment law should be considered the belt to go with any USG policy suspenders. Maybe the AJC will do an “everything you need to know” expansion piece on this.

If these students are indeed “undocumented” how can USG verify “lawful presence”?

USG provides answers on how not to verify “lawful presence”

USG (correctly) does not accept the Department of Driver’s Services ‘LIMITED TERM’ driver’s license as verification of lawful presence for purposes of admission and/or determining eligibility for instate tuition.

For the unaware, because the feds have issued work permits (EADs) and SSNs to them, Georgia issues the exact same ID and driving credentials to illegal aliens with deferred action on deportation (and several other “you can stay for awhile” categories of illegal aliens) that is issued to real immigrants (green card holders) and temporary visas holders who did obey federal immigration law. Repeat: the identical credential.

Photo: DDS

Because they are REAL ID Act compliant, these credentials are used to board airliners, purchase explosives and as admittance to federal buildings.

Several other states including Michigan, South Carolina and even California have systems in place that create a separate non-REAL ID Act compliant credential. The Republican-ruled Georgia state senate passed legislation in 2016 that mandated a new and additional, separate design. That bill never saw a hearing in the Republican House.

It should be noted that the REAL ID Act – Section 202, (2)(B) – dictates that deferred action on deportation is “evidence of legal status” – for purposes of driver’s licenses/ID issuance only. The REAL ID Act does not require states to issue credentials to anyone.

The below from page 17 of the University System of Georgia Manual for Determining Tuition Classification And Awarding Out-of-State Tuition Waivers.

“SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) PROGRAM

In some cases, it will not be possible to verify the lawful presence of a non-citizen student using the typical options provided on the USG Verification of Lawful Presence Chart, such as verifying using a U.S. birth certificate, Georgia driver’s license (not limited term), U.S. citizenship paperwork, or based on the student’s confirmed eligibility for federal student aid. In those cases, it may be necessary to use a program provided by the Department of Homeland Security called the Systematic Alien Verification for Entitlements program, or SAVE…” Bold emphasis mine.

USG is admitting that the ‘LIMITED TERM’ driver’s licenses issued by DDS are not reliable indicator of who is and who isn’t an illegal alien.

It’s time to reform the dual enrollment program and the system for issuing driving and ID credentials in Georgia.

**PUBLIC SERVICE INFO: CONTACT YOUR GEORGIA STATE REP HERE.

D.A. King is president of the Dustin Inman Society.

 

 

 

 

 

Fast Fact: Foreign nationals required by federal law to carry proof of alien registration

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“This is where the requirement to carry registration evidence comes in.   Section 264(e) of INA requires every individual over the age of 18 to carry their “registration” documents with them at all times.   Specifically, section 264(e) reads:

e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d)

[where the government issues a “registration certificate” after each foreign national’s registration]. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.”

Fast Fact – What is a “Public Charge?”

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Image: USCIS
USCIS
Public Charge

Q. What is a public charge and when does it apply?

A. For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (Green Card) is inadmissible if the individual, “at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.  Much more here from USCIS.

Public Charge: Supreme Court says yes to Trump policy to deny immigrants who use welfare

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Photo: Washington Times

 

January 27, 2020 from the WASHINGTON TIMES. Steven Dinan reporting

The Supreme Court ruled Monday that the Trump administration can move ahead with its “public charge” regulation that could block immigrants who wind up on the public dole from earning a pathway to citizenship.

It marks another significant victory for President Trump, giving him a tentative go-ahead on one of his key policies aimed at putting Americans’ needs first in the immigration system.

The 5-4 decision stays a lower court injunction, allowing U.S. Citizenship and Immigration Services to move ahead with examining would-be immigrants’ history of access to public programs such as food stamps, many forms of Medicaid, public housing assistance, welfare cash payments and Supplemental Security Income benefits. Read the rest here.

Fast Fact: More than 90% of illegal aliens arrested by federal agents in the United States last year had criminal convictions or pending criminal charges

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More than 90% of illegal arrested arrested by federal agents in the United States last year had criminal convictions or pending criminal charges, including 56,000 assaults and thousands of sex crimes, robberies, homicides and kidnappings.

Many had “extensive criminal histories with multiple convictions,” according to Immigration and Customs Enforcement’s (ICE) year-end report. The 123,128 illegal aliens arrested by the agency’s Enforcement and Removal Operations (ERO) in 2019 had 489,063 criminal convictions and pending charges, representing an average of four crimes per alien, highlighting the “recidivist nature” of the arrested aliens, the agency writes, noting that sanctuary cities nationwide greatly impeded its public safety efforts.

Governor Kemp’s ‘do not call me’ policy

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Image: Brian Kemp -National Review/Reuters

*UPDATED: 12:55PM – We are already getting emails from now extremely angry conservative voters who are calling the 404-656-1776 phone number at the governor’s office and being told to ix-nay on the phone calls. “Use the contact form.”

Here is one of many: “Thanks, D.A. I just called and got the same line (“In order for your comment to be documented, . . . go to the web site.”). I pointed out that he is distancing himself from the voter and got the same reply. With this, on top of everything else he either has or hasn’t done, he has lost my vote.” DH – Atlanta.

Another one from Jan 27: “When you call the number, the live person who answers (they don’t take messages) will give you a website to contact and leave your Message. I couldn’t find where I could leave a message.” Martha Steele Brett, from Facebook.
David M “Governor Kemp is obviously destroying his re-election and you can forget that number nobody is going to answer your questions I’ve tried and tried and tried…D.A.  when I finally did get an answer they directed me to their damn website which is useless still got no answers. This is been going on for months.” “You know I had faith in our governor I knocked on doors for him I was spit on me and my family and a lot of my friends we were called racist my life threatened. By him not answering his constituents it’s just not right. I’m afraid he’s going to pay for this in November…”From Facebook, today, Jan 27.

 

**Updated January 27 – My mistake: There is no voice mail on the governor’s 404-656-1776 phone line at the Georgia Capitol as of yesterday (Sunday). 

Having been a reluctant and active denizen of Georgia’s state Capitol since 2004, I can assure those who aren’t that the number one activity that gets the immediate and full attention of the elected officials there is an organized group of voters who actually drive to Atlanta and go into the Gold-Domed beehive during legislative session.

The number two most effective way to get their attention is to ring their telephones – this includes phones in the governor’s office, where the phone number is and has been 404-656-1776.

 Constantly ringing phones with voters on the other end is a signal that something has become “an issue” that must be managed, if not actually dealt with.

We are hearing from multiple Georgians that staffers in Governor Kemp’s administration are attempting to discourage citizen telephone calls to his office. I have been checking the official contact page for a couple months and noted that the phone number (404-656-1776) into Kemp’s office had been removed sometime after he was sworn in. It had been posted there since 2003 that I am aware of, likely long before that.

Almost identical versions of “the receptionist told me we have to mail outside letter or fill out online form.  They are not taking messages nor tallying calls” is what I was being told by miffed constituents.

The Governor is apparently being blasted with calls concerning the refugee decision to be made by Friday (tomorrow).

(Related: Here is an Action Alert received here from the discredited hate-mongers at the SPLC urging phone calls to Gov. Kemp in favor of more refugees “because it makes our communities stronger.” They already knew the phone number. So should Georgians paying attention)

Two days ago I called the 404-656-1776 number and asked the nice young lady who answered to check the contact page to see if I had overlooked the phone number. She agreed with me that it wasn’t there, took my name and phone number and went out of her way to assure me that she would double check with her superiors and have somebody call me back.

Later in the day another staffer called to tell me that the page was being updated  and that an 800 number would be added. I made him tell me I was correct, the 404-656-1776 number was indeed absent.

No phone number version

Thanks to the magic of the WayBackMachine internet archive , here is a link from the recent past – Dec 5, 2019 – that illustrates the chief executive’s online contact page without the phone number. Here is a link to the contact page from March 31, 2019 – no phone number.

It’s back!

Today I checked the Governor’s website, went to the contact page and was happy to see that something had caused the 404-656-1776 number to reappear. But I see no 800 number…

Funny how things work.

We also note that there was a period of time last year when there was no voice mail on the 404-656-1776 lines. If you didn’t call during business hours, you were unable to leave a message to the governor’s office.Updated January 27 – My mistake: There is no voice mail on the governor’s 404-656-1776 phone line at the Georgia Capitol as of yesterday (Sunday). 

We suggest that Georgians not only call the governor, but, if you are able, also send an email behind your call. And rest assured, they do track the quantity of calls they get on every issue. But, without the push of the mostly liberal media, it’s only “an issue” if voters make it an issue.

Example? When is the last time you heard Governor “Big Truck” Brian Kemp mention illegal immigration or his campaign promises on that topic? Right now, it’s not an issue.

*Added 12:10 PM Apparently not an issue, even in the State of the State Address today.

The phone number to Georgia’s governor is 404-656-1776.