Center for Immigration Studies
Late Night CBP ‘News Dump’ Reveals the Border’s in Freefall
Now that the truth is out, leaders need to address the humanitarian disaste
looking for a better life • news and pro-enforcement opinion
By D.A. King
Center for Immigration Studies
By D.A. King
Con Ed – Georgia political history
In 2011, GALEO‘s Jerry Gonzalez went after a female Republican legislator, Renee Unterman, inside the Georgia Capitol. I was in the building when Capitol Police confronted Gonzalez. It is notable that this is the same time frame in which Jerry shouted at another female GOP Georgia legislator, 110 (ish)-pound Katie Dempsey, while chasing her around a Rome, GA event designed to explain the E-Verify system and the corresponding state law requiring its use. We will save that one for later, but the Rome News-Tribune did a good job of the short story here.
We have been so busy here in Georgia lately struggling to stop pandering Republicans from advancing the far left anti-enforcement agenda that we haven’t had time to educate Georgians on the anti-borders Marxists in the corporate-funded illegal alien lobby. Here is a small view of one of these hateful leftists, GALEO’s CEO, Jerry Gonzalez. One problem with exposing the far left crazies is that lots of normal folks who only get their news from “the news” have difficulty accepting or believing stories explaining how truly hateful the crazies really are.
We think many Georgians will be surprised to learn who helps GALEO with fundraising and operations.
I am halfway through a two-part profile of Jerry and GALEO for The Islander newspaper in SSI/Brunswick and mentioned this gem in part one. I’ll post them here after the second part is published.
Anyway, I stumbled across a page from GALEO’s website from 2011 on which Gonzalez is still seething about a speech then Senator Unterman made from the Well on the floor of the state Senate. It’s vintage Jerry. I link it below with link to the entire GALEO newsletter page.
First, a short explanation that cannot be repeated too many times: The anti-borders lobby (including most of the liberal media) is trained to always use the term “immigrants” when topic is illegal aliens – in the endless effort to make resistance and opposition to illegal immigration into “anti-immigrant.” Senator Unterman was addressing the topic of illegal aliens in Georgia during the process of debate on that year’s HB 87, the Illegal Immigration Reform and Enforcement Act of 2011.
Here is a link to the surviving GALEO newsletter page from 2011.
Below is the pasted image of Angry Jerry’s narration and illustration of his inner anger and hissy fit.
By D.A. King
I realize how dry and boring this is. The point of this struggle is to deter the crime of illegal immigration.
No SAVE affidavit offered to or collected from foreigners who renewed public benefits.
While I put it in my April letter to Carrol County officials, I don’t know that it is clear to IPG readers or Carroll County Star News readers that state law (OCGA 50-36-1) requires foreign nationals to attest to their eligibility each time they renew a public benefit – occupational tax certificates/business licenses included. This means that the SAVE affidavit must be completed by the non-U.S. citizens each time a public benefits is renewed/re-issued. This is not the case for U.S. citizens who have previously certified that status in the same administration office.
Carroll County was not offering or collecting the SAVE affidavit on the official webpage for renewing occupational tax certificates. It just wasn’t there. And even after I made the above clear to the county official early in the year and again in April, there was no correction.
Again, I have the screen shots and have saved the emails.
dak
By D.A. King
After a short Sept. 29, 10-AM-ish phone conversation in which I advised Carroll County Attorney Stacey Blackmon that I intended to write a column about the counties ongoing violations of public benefits laws in the Carroll County Star News where I have a periodic column (I also advised her to read my work there from the month of September), I received the below email. Her email was a response to my follow up to the call. My reply to her email question was to send her a link to this post.
Ms. Blackmon’s email pasted below as it is easier to read
Mr. King,
In your call you mentioned an everify affidavit form with a “January 1, 2020” date – could you provide the link where you found this document please.
Thank you,
Stacey Blackmon
“ |
Stacey L. Blackmon Attorney at Law
100 Wagon Yard Plaza Carrollton, GA 30117 Direct: 770-214-5107 sblackmon@ tisingervance.com | vcard | www.tisingervance.com |
From: D.A. King <Dkingt>
Sent: Wednesday, September 28, 2022 11:22 AM
To: Stacey Blackmon <SBlackmon@ tisingervance.com>
Subject: Thanks for you time on the phone. Advise you see my Sept. column in print edition, Carrollton Star news, Page 17 & 23
Carroll Star News https://starnewsgaonline.com
D.A. King
404-
CONFIDENTIALITY NOTICE: This electronic mail transmission and the attachments accompanying it may contain confidential information from the law firm of Tisinger Vance, P.C. which is protected by the attorney-client communication privilege or the work product privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal under the law. If you have received this transmission in error, please promptly notify the sender by reply electronic mail, and then destroy all copies of the transmission.
TREASURY DEPARTMENT CIRCULAR 230 NOTICE: Unless expressly stated otherwise, any information, opinion or advice included in this communication (including any attachments) is not intended to constitute a complete analysis of all tax considerations, and is not intended to be used (and cannot be used) for (i) the purpose of avoiding any tax-related penalty that may be imposed under the Internal Revenue Code, or (ii) to support the promotion or marketing of, or to recommend to another party any transaction or matter related to federal taxation. Each taxpayer should seek advice based on the taxpayer’s particular circumstances from an independent tax advisor.
NO CLIENT RELATIONSHIP: Communication with an attorney or staff member at Tisinger Vance, P.C. does not by itself create an attorney-client relationship or constitute the provision or receipt of legal advice. Any communication from an attorney or staff member should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a written agreement.
By D.A. King
Updated.
The below open records request was sent Oct. 4, 2020 to Janet Hyde at Carroll County government.
_
Ms. Hyde,
Ms. Hyde,
Response received October 21, 2022, along with an attachment that contained the two documents pasted below.
On Oct 21, 2022, at 12:24 PM, Janet Hyde <jhyde@carrollcount> wrote:This was indeed an oversight. I was out of the office the remainder of that week and overlooked it when I returned to the office. The documents you requested are attached to this email. You may also copy Taffeny Johnson, our office manager, at tjohnson@carrollcountyga. com for future open records requests.Sincerely,Janet Hyde, County PlannerCarroll County Community Development423 College Street
Carrollton, GA 30117(770)830-5861 Ext 2051<image001.jpg>NOTE: Zoning and variance cases are not guaranteed. A development discussion is not an assurance of issuance of a building permit, business license (OTC), or assurance of possible zoning change. The plan review process requires review and acceptance by multiple reviewers before approval._________Follow up email from my office (I pasted in relevant text from OCGA 13-10-91 for clarity, not pasted here) – the response and copies of documents I received was not related to OCGA 13-10-91:Ms. Hyde,
Please forgive me for a follow up email, but I want to be clear about my request. I am asking for the affidavit in use on Oct 4, 2022 by Carroll County as required by OCGA 13-10-91. I have emphasized the relevant language in the law below. Please let me know if your response is intended to fit my request – I want to exclude any possibility of misunderstanding or error on my part.Thank you,D.A. King________Documents sent in response to my request:
By D.A. King
Carroll County officials ignored notice of violations from here for more than six months
Compliant and request for GBI action filed with Carroll Co. Sheriff
D.A. King
As readers may have heard, more than 2 million illegal aliens crossed the U.S. borders in the fiscal year (Oct. 1- Sept. 30); an estimated 3.5 million have crossed since President Biden took office. Because it is easy to get a job here illegally, Georgia is a very popular destination for illegal “migrants.” It cannot be said too many times: we host more illegals than Arizona.
The news from the southern border leads us to the below bit of local information you likely will not see on “the news.”
Despite more than six months of “heads up” notifications from here, as I write on September 29 and 30, Carroll County government is in violation of at least three longstanding state laws put in place to make Georgia a difficult place to live for illegal aliens – and for the employers who want to hire them. This is not a “maybe” – the responses to August open records requests sent to the county from my office clearly show that many Carroll County officials are in long term violation.
It does not require a law degree to understand what is going on in Carroll County – and our state.
Anyone involved in an honest effort to deter the organized crime of illegal immigration knows that the main driver of this ongoing catastrophe is illegal employment and the hope of the illegals to take advantage of the long list of taxpayer-funded public benefits available in the U.S. – including in Georgia. Absent fulfillment of the constitutional duty of the Washington Democrats who are running the Biden Regime’s open border scheme to increase the future far-left voter base, it falls to the states to create a hostile environment for the hordes of illegals who are being bussed around the nation – including to Georgia.
I have been involved in creating and passing legislation aimed at illegal immigration under the Gold Dome since 2005.
A massive bill (“The Georgia Security and Immigration Compliance Act” – SB 529) was passed in 2006 over the vocal objections of a long list of business interests and corporate-funded far-left anti-borders groups. The legislation began a process of making it more difficult for illegal aliens to access jobs, benefits, and services here.
The President of Mexico at the time opposed the bill too. “Implementation potentially effects human and civil rights of Mexicans who live in or visit Georgia” he said in a press release.
We note here that then State Senator Brian Kemp was the Chairman of the Senate Public Safety Committee that passed out SB 529. Kemp also voted “YEA” on final passage. He told Atlanta media in 2011 that many Georgians are “fed up” with illegal immigration. It’s a “burning issue” he said then. He doesn’t talk about illegal immigration in Georgia now. Neither do most state legislators.
After a ferocious fight with the same opponents, in 2011 another piece of legislation (“The Illegal Immigration Reform and Enforcement Act of 2011” – HB 87) went into law. It increased public safety while adding penalties for government officials who would refuse to comply with the laws aimed at preserving jobs, benefits and services for legal residents.
The goal was to make Georgia less hospitable to illegal immigration. Business licenses/ occupational tax licenses are public benefits under state law.
Georgia’s “Verification of Lawful Presence Within the United States” law requires that an applicant for public benefits swear on a notarized affidavit that he is either a U.S. citizen or a “lawfully present” and eligible foreign national. The applicant is required to present a “Secure and Verifiable” ID. The foreign national’s ‘lawful presence’ is then supposed to be verified using a federal database known as ‘SAVE.’ It is the responsibility of the government agency that issues these benefits to offer and collect these documents which have been standardized by law.
It is amazing how far outside the clearly written state statutes the Carrol County Board of Commissioners et al have been allowed to operate since the original effective date of July 1, 2012. The response to my open records request shows that department has likely illegally issued 4746 occupational tax licenses (business licenses) since then.
Like county officials, I have no idea how many of these mistakes served to welcome illegals to Carroll County. For readers with a curiosity for detail, the two laws in question here are OCGA 50-36-1 and OCGA 50-36-2.
Be warned up front that enforcement of these laws is not on the priority list of the people who run “the number one state for business.”
Related update: Additional information, Carroll County in violation of state public benefits laws
There are stiff penalties for violation
Government officials ignoring this law should know that offense is “a violation of the code of ethics for government service…and subject such agency head to…penalties…including removal from office and a fine not to exceed $10,000.00; and a…a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section…”
There is more:
Carrol County government is also in violation of the state law that requires private employers with ten or more employees to swear they are using the no-cost federal online work eligibility verification system called “E-Verify.” The goal of this law (OCGA 36-60-6) is to keep illegal aliens from working illegally in Georgia.
Another law, (OCGA 13-10-91) requires government agencies (“Public Employers) and most contractors paid with tax dollars to use the E-Verify system.
The state does not enforce these laws either. I challenge anyone, including Gov. Kemp, to present any example of prosecution in court of these hard-fought-for laws.
Solution: Fund the state enforcement tools already in the laws
These laws, hated by the people who profit from illegal immigration and intentionally ignored by state officials charged with enforcement, have wording that was put in place to make monitoring and prosecution seem certain in a then future version of Georgia. One that had money for investigation and enforcement.
None of the built-in audits or monitoring are being done. There has been no appropriation of funding. Not many legislators in today’s state Capitol are educated on any of this. Even fewer want to hear about it. That goes double for the “journalists” who decide what’s in “the news.” But the liberal Atlanta Journal Constitution ran a Sept. 24 headline that unintentionally tells us where to find funding for state level enforcement: “Georgia’s fiscal tax surplus hits $6.57 billion.”
Readers who have an interest in fewer illegal aliens migrating to Georgia should hound their state legislators and the governor on this until our illegal immigration laws are as enthusiastically enforced as seat belt, no smoking and touching cell phones-while-driving statutes.
I have filed a complaint with the Carroll County Sheriff against the county officials who ignored repeated warnings on this and are operating an illegal occupational license issuing system. You can read much more on ImmigrationPoliticsGA.com – put “Carroll County” into the search bar.
###
By D.A. King
The below compliant was emailed to Carroll County Sheriff Terry Langley today about 1:00 PM.
* Update to compliant here.
3 October 2022
To:
Carroll County Sheriff Terry Langley
1000 Newnan Rd.
Carrollton, GA. 30116
770-830-5942
Re: Complaint and request for investigation – Carroll County government officials’ violations of OCGA 50-36-1, OCGA 50-36-2, OCGA 36-60-6
Dear Sheriff Langley,
Please regard this letter as my official request for an investigation by your office into my well-researched and educated allegation that multiple elected and appointed officials in Carroll County government are and have been knowingly violating various state laws intended to address illegal immigration in Georgia. Separately, I also request that you forward my complaint to the Georgia Bureau of Investigation for action.
Using open records requests and viewing the documents made available to the public on the official Carroll County website for the purpose of the administration of “occupational tax licenses” aka business licenses. By either or both labels these county registrations are “public benefits” under state law and are included in detailed and clear mandates for processing and issuance.
Early this year I determined that Carroll County government is operating an illegal system in that function of county government. After notifying a County Commissioner of the non-compliance by phone and later taking a call from a man who said he was county legaI employee, I saw no correction in the system several months later. I then emailed a “heads up” letter to the entire county commission and several other Carroll County officials. Days later I received a lengthy reply that included a pledge to have someone get in touch with me again. That reply was copied to the same officials to whom I sent my original letter. I am of the opinion that I have done all I can as a private citizen to urge compliance with the law on this matter.
The system of administrating public benefits is admittedly rather dry and boring but was put in place over the course of several years of committee hearings and vetting by the General Assembly and then signed into law by Georgia’s governor. Those of us who worked to create these laws like to think they will see as much enforcement as our no-smoking laws.
The system of applications, affidavits, ID presentation and processing for public benefits – including occupational tax/business licenses required by state is readily accessed by a careful reading of the laws. The system in place and the forms and affidavits used by Carroll County are available on the county website. I have taken a great deal of my own time to post all of this on my own website as well as the email correspondence I describe.
To assist the requested investigation by your office and the GBI, I insert below links to this evidence and I am emailing the August response to my open records request to you from Carroll County separately with the subject line “additional evidence, Carroll County government complaint.”
Again, please see my separate email for the response to my original open records request with attachments showing copies of forms and affidavits in use in Carroll County.
I do not envy the investigator charged with learning these laws or this system Please feel free to contact me with any questions or directions. I was heavily involved with the drafting and passage of all of these laws.
A personal note: My maternal grandfather was a Detroit Police Academy graduate, class of 1928 and served as a Detroit police officer for nearly thirty years. I admire and respect all that you and your deputies and staff do and am grateful for your service to the community.
Very Respectfully,
D.A. King
Marietta, GA. 30066
By D.A. King
Parsing the nonsense on ‘Biden’s Border Fiasco
One of the tropes making its way through the media is that aliens who have entered the United States illegally and who have been placed into removal proceedings are in some sort of “legal” status. Like many media factualizations associated with immigration, it’s a myth. Nonetheless, I will parse the latest nonsense associated with what the editorial board at Bloomberg Opinion has termed “Biden’s Border Fiasco”.
The Said, and the Unsaid. In a September 25 opinion piece in the Los Angeles Times, columnist Michael Hiltzik stated:
GOP governors Ron DeSantis of Florida, Greg Abbott of Texas, and Doug Ducey of Arizona have been sponsoring bus and plane transfers of migrants from their states to northern jurisdictions including New York, Washington, D.C., and the island of Martha’s Vineyard, Mass.
The right-wing press has called the passengers “illegal immigrants,” but in many if not most cases they’re asylum-seekers who have completed the initial step in their processing by scheduling a hearing, getting fingerprinted, and undergoing background checks. While awaiting their hearings, they are in the U.S. legally.
Perhaps not trusting his own bona fides, three paragraphs later Hiltzik quoted an immigration attorney who asserted: “They’re not illegal aliens. … They’ve been processed, they’re in the system, they have upcoming court dates.”
There is a lot in both passage that is said, but much more that is unsaid, reflecting both the somewhat complicated nature of immigration law and the level of modern discourse.
The biggest unsaid is that “illegal immigrants” and “illegal aliens” aren’t legally defined terms. They’re shorthand to describe aliens who are removable from the United States, generally but not exclusively because they entered the United States illegally. I could correctly describe a nonimmigrant who has overstayed an authorized period of admission as an “illegal alien”, but in legal parlance would describe that individual as a “nonimmigrant overstay”.
Every alien who has entered the United States illegally is removable from the United States, at least until the moment that the alien is granted some sort of status here. To understand that point requires some background on the removal process.
Removability Based on Illegal Entry. Unless an alien apprehended by Border Patrol is allowed to voluntarily return back across the border, the alien should be issued a Form I-862 Notice to Appear (NTA). An NTA is the charging document in removal proceedings, which is similar to an indictment in a criminal case.
Aliens in removal proceedings are known as “respondents”, and blank Forms I-862 contain three boxes, one of which an immigration officer must first check to denote the respondent’s current status in the United States:
You are an arriving alien.
You are an alien present in the United States who has not been admitted or paroled.
You have been admitted to the United States, but are deportable for the reasons stated below.
Aliens who have entered the United States illegally and who are apprehended at entry are both “arriving aliens” and “applicants for admission” under section 235 of the Immigration and Nationality Act (INA), and at the time they are apprehended at least they have not been admitted or paroled —“parole” in this context is a concept I will explain further below.
After the immigration officer checks one of those boxes, the officer will then set forth on the NTA the allegations supporting the charges of inadmissibility. In the case of an illegal entrant, they generally read as follows:
- You are not a citizen or national of the United States.
- You are a native and citizen of Country X.
- You entered the United States at or near Location Y in the United States on or about Date Z.
- You were not then inspected or admitted.
Unlike criminal proceedings, where the government bears the burden of proving the defendant’s guilt, section 240(c)(2) of the INAprovides that applicants for admission — not DHS — bear the burden in removal proceedings to prove “clearly and beyond doubt” that they are “entitled to be admitted” and are not inadmissible under any of the grounds of inadmissibility in section 212(a) of the INA. Read the entire post here at CIS.
By D.A. King
I look forward to seeing everyone and answering questions!
Please check out both of our two websites before your next meeting?
Thanks!
D.A. King
By D.A. King
In issuing public benefits Carrol County uses an illegal “SAVE affidavit” which omits the “Secure and Verifiable document” collection process as required by state law.
The state law (OCGA 50-36-1) aimed at preventing illegal aliens from accessing public benefits says applicants for those benefits must “execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; 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.”
Translation: If you want to receive a public benefit covered under this law (see here and scroll down top paragraph (4) for a list of those benefits), you must swear that you are either a U.S. citizens or are in the U.S.A legally. And agencies that administer these benefits are required to follow the law on applications and standardized forms. Even shorter: We are trying not to give these public benefits to illegal aliens and government officials are supposed to follow directions in the law. Part of that law dictates the exact format of these documents and forms, including the “SAVE affidavit.”
The affidavit required for use by state law in posted on the state auditor’s website.
The SAVE affidavit used by Carroll County is not the SAVE affidavit designed by the Dept. of Audits and Accounts – the State Auditor. And in Carroll County there is no requirement for foreigners to complete the affidavit for renewals…
The law also says agencies administering public benefits must require applicants to submit an ID document from a list created by the Attorney General’s office deemed to be “secure and verifiable.”
“Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document.”
Related post: Carroll County E-Verify affidavit(s) compared to the version from the AG office required by state law
This required ID verification process is not even mentioned on the Carroll County affidavit. It looks like Carrol County has simply skipped over the part of the law that says applicants must present “Secure and Verifiable ID” to access taxpayer-funded public benefits:
Missing from Carrol County’ free-form version of the affidavit is “The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A §50-36-1 (f) (1), with this affidavit.”
Below are images of both affidavits. The affidavit on top is the one required by law. The one under it is what Carrol County is using. I have links and screen shots.
Contact info for the Georgia delegation in Washington DC here. Just click on their name.