Immigration Research Archives

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

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

The below includes the note from Carroll County that obtaining this information cost me $124.00

“Issued“ includes every business, either new or renewed, from 2012 until now, but each business is counted only once.  So if a business was in business in 2012 and renewed every year since then, it would still only be counted once.  Our software limits us being able to tell how many renewals a business has had.  Each year, a renewal is counted as a new license (for that business) in our software so it is hard to differentiate between what is new and what is a renewal in our system.  I must mention, however, (and it is obvious from the numbers) that many home businesses start one year and go out of business and never renew.

Sincerely,

Janet Hyde, County Planner

Carroll County Community Development

423 College Street
Carrollton, GA 30117

(770)830-5861 Ext 2051

http://www.carrollcountyga.com/158/Community-Development-Department

” src=”blob:https://immigrationpoliticsga.com/e7c58852-1f9b-4232-83f4-cfbdd6968403″ alt=”Logo” border=”0″ class=”Apple-web-attachment Singleton” style=”width: 1.9479in; height: 1.4375in; opacity: 1;”>

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.

From: D. A. King <dking1952@comcast.net>
Sent: Tuesday, August 9, 2022 4:30 PM
To: Janet Hyde <jhyde@carrollcountyga.com>
Subject: Re: Open Records Request

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Thanks. Does “issued” include all renewals, pls? Will send check tomorrow.

dak

I support police.

All lives matter.

Sent from my iPhone

On Aug 9, 2022, at 3:59 PM, Janet Hyde <jhyde@carrollcountyga.com> wrote:

D.A. King,

I have attached the documents that you requested.  applications.  At this time, we have 1,119 active businesses.  The charge for this information is $124.  You may call the office and make a payment over the phone or send a check made out to “Carroll County Community Development.”  Please let me know if you need additional information.

Sincerely,

Janet Hyde, County Planner

Carroll County Community Development

423 College Street
Carrollton, GA 30117

(770)830-5861 Ext 2051

http://www.carrollcountyga.com/158/Community-Development-Department

I have been trying to convince Carroll County (GA) government to comply with state law (2006, 2009, 2011) aimed at deterring illegal aliens from accessing public benefits (OCGA 50-36-1, OCGA 50-36-2 & OCGA 36-60-6) in Georgia since last winter. So far they are not taking it seriously. I have over 30 hours in my effort and have spent $124.00 on open records fulfillment charges. I note that this is job for law enforcement and that Gov. Kemp is the ultimate head of law enforcement in Georgia. There is much more coming. If you think this is a “small detail” try publicly violating the state laws on seat belts, cell phones while driving, vehicle registration – or income taxes.

Carroll County is just one of many counties and city governments and other agencies in violation of state law related to illegal immigration.

Related post: Carroll County and the “SAVE affidavit” – Comparing the required version to the illegal Carroll Co. version in currently in use

Top: The E-Verify affidavit form required by law as accessed on the Attorney General’s official website.

Below: Two versions of E-Verify affidavits in Carroll County – the first one is posted on the county website on the “Occupational Tax (Business license)” page and was also was sent to me in an August, 2022  Carroll County response to my open records request for copies of forms currently in use. The second (on the bottom) was accessed Sept. 28, 2022 on the county website here. I have dated screenshots of all of this.

Good evening D.A.,

We have spent significant time in a respectful and friendly manner pointing out and explaining the below. Each time I have been told it is “news to us” and will be remedied.

 Which of these is not like the other? The laws are not suggestions.

D.A. King

404-

E-Verify:

Georgia E-Verify law for private employers: OCGA 36-60-6 requires use of a specific affidavit prescribed by the Attorney General’s office.

 

“(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.”

 

Here is the affidavit required by state law.

Here is the (renewal) affidavit used by Carroll County.

Note: There is a different affidavit (actually, two affidavits, apparently one for fewer than ten employees and another for more than ten employees) used for new applications  and has a date of “January 1, 2020″ in the top paragraph on number of workers. I am informed that the business license is renewed annually.

 

__

 

Public benefits:

 

Georgia public benefits law OCGA 50-36-1 “VERIFICATION OF LAWFUL PRESENCE” (originally passed into law 2006, SB529) requires that applicants for public benefits (including occupational tax certificates/business licenses) complete an affidavit attesting to eligibility due to U.S. citizenship, “green card” status or qualified alien or nonimmigrant under federal law. The required affidavit format for use is here. 

 

The Carroll County occupational tax certificate / business license webpage does not provide the SAVE affidavit for renewals or require it to be collected on the link with forms used with “Application to renew occupational tax.” 

 

 

The below process is supposed to apply to every time a benefit is administered (including new and renewals). As I have explained at length to several officials in Carrol County government, the renewal procedure for business licenses does not include the requirement applicant submit the affidavit of secure and verifiable documents described below. NOTE: As highlighted below there is an exclusion in the renewal process for U.S. citizens who have already proven that status in the same issuing office. That does not exclude foreign nationals from the process at renewal.

 

 

 

(f)

(1) 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:

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and

(B) Execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:

(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or

(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant’s alien number issued by the Department of Homeland Security or other federal immigration agency.

(2) 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.

(3) Documents and copies of documents required by this subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision.

(4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen.

_______-

NOTE for all concerned:

(q) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:

(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and

(2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section.

The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney’s fees and expenses of litigation incurred in bringing such an action and investigating such violation.

Georgia is home to more illegal aliens than Arizona

Crimes committed by illegal immigrants surged in 2021 included homicide, sexual assault, and illegal weapons possession

Fox News

July 7, 202

The number of crimes committed by illegal immigrants in the United States surged in fiscal year 2021 after declining in the years before that.

Homicides, assaults, incidents of domestic violence, illegal weapons possession, and sexual offenses committed by illegal aliens all increased dramatically in fiscal year 2021 compared to fiscal year 2020, data from U.S. Customs and Border Protection shows.

Illegal immigrants committed 1,178 assault and domestic violence crimes in 2021, which represents a more than 400% increase from the 208 in 2020.

Sixty homicide or manslaughter convictions were attributed to illegal immigrants in 2021, a 1,900% increase from the previous year.

ARIZONA AG BRNOVICH URGES GOV. DUCEY TO DECLARE BORDER CRISIS AN ‘INVASION’

Coverage of the border crisis picked up as Title 42 was set to expire. (John Moore/Getty Images)

Driving under the influence convictions rose 347% from 364 to 1,629, and illegal possession of or trafficking of drugs rose 453% from 386 to 2,138.

The number of convictions in every crime category, with the exception of homicides, which rose from two to three from 2019 to 2020, had decreased between 2019 and 2020.

U.S. Customs and Border Protection says that officials apprehended 10,763 “criminal noncitizens” in fiscal year 2021, which marks an increase of over 300% from previous years.

Data shows that Border Patrol agents arrested 2,438 criminal noncitizens in 2020, 4,269 in 2019 and 6,698 in 2018.

“The term ‘criminal noncitizens’ refers to individuals who have been convicted of one or more crimes, whether in the United States or abroad, prior to interdiction by the U.S. Border Patrol,” the U.S. government website says

So far in the 2022 fiscal year, which lasts until September 30, 2022, a total of 7,253 criminal noncitizens have been arrested.

SECRETARY MAYORKAS HAS FAILED TO DEFEND OUR HOMELAND AND MUST BE IMPEACHED

Last week, Border Patrol agents announced that they apprehended two sex offenders and nine MS-13 gang members at the southern border as illegal immigration into the United States continues to skyrocket…
More here.

Center for Immigration Studies

June 1, 2022

Increased two million since January 2021, driven largely by illegal immigratio

“H2A is a very good program if you can afford it. This- the federal government says that the minimum wage for a H2A worker is $9.11 and you provide transportation and you provide housing and you cover all the visa costs. It ends up costing you about $13.50 per employee per hour for those operations. If we could all drive Cadillacs it’d be great, but everyone can’t drive a Cadillac. Some people can, others can’t. So we don’t need a Cadillac system and, and that’s what the, the H2A system is a Cadillac system.” Bryan Tolar to the Georgia House Judiciary Committee (non-civil), Feb. 2011

Bryan Tolar was president of Georgia Agribusiness Council in 2011 when HB 87 was going through the committee process and eventually passed and was signed into law in Georgia. Georgia has two E-Verify laws. One for private employers and one for public contractors and taxpayer-funded entities like cities, counties and other offices, including state agencies. Neither law is enforced. We challenge anyone to produce evidence of any sanction for violation.

Bryan Tolar professional info here and here. And here with mission statement. 

Related: What is the H2A visa? (it’s no-cap access to legal foreign workers for growers)

E-Verify here.

Video here.

Audio

Transcript: Rev.com

Cost to me: $16.10

BigAg lobbyist Bryan Tolar (00:01)
This is a very delicate issue for agriculture because being the largest industry and representing, uh, economic impact in all 159 counties, we have a lot at stake in this. We are in the midst of trying to grow our industry in several ways. One of which, and we’ve heard the, the governor talk about it and many of you have probably weighed in on it, the expansion of the port in Savannah. We want those large container ships to come to Georgia to carry agricultural products out, not bring agricultural products in. And the system that we have in place now with the, with the technology that’s in place, with the natural resources that are abundant to our great state, we are poised to grow this industry because commodity prices have finally reached a point where people are sta- talking about what do I have to plant to make a profit, but what can I plant so I can make the most profit.

BigAg lobbyist Bryan Tolar (00:51)
And when we look at that, we need to have a labor force to be able to harvest that product. And we want, obviously, want to utilize and do utilize a legal workforce. The federal government puts in place a pa- the parameters for hiring a legal workforce. If we have employers now, whether they’re agricultural or otherwise, that are not completing the I-9, then they’re already in violation of federal law. We can’t help them, this bill can’t help them, I’m not going to try to help them. But when we look at the e-verify portion, that really is the part of the bill that gives us the, the most challenge. And I, I, I- you’ve heard from others and there’s, there’s certainly different parts to give people challenges of their own. But for ours, it’s, it’s the e-verify requirement and I, and I apologize, I have not seen the latest draft to know where we are on the e-verify part, so, um, I’ll, I’ll wait to get details on that later.

BigAg lobbyist Bryan Tolar (01:35)
But if we require the e-verify, then we are putting another layer of government on an already challenged workforce that’s out there for agricultural production. And I’m talking getting your hands dirty workforce. Um, um, very difficult to find those workers no matter where you are. And over two-thirds of our counties, agriculture’s either the number one or the number two industry in those counties. So we’re not talking about small, small beans here. We’re talking about real economic impact. So as we move forward, we need to see- and it is a federal issue. I know you’ve heard that time and time again, it is a federal issue. And Representative Franklin, I’ll, I’ll say that- and I heard your comment earlier about the constitution that we don’t have any Georgia citizens, they are also US citizens. And so we have to operate- ’cause the US is the one that provides us- federal government provides us the visas that we need to get those workers in a guest worker program to pr- to get those citizenship papers so that we can have those legal citizens here.

BigAg lobbyist Bryan Tolar (02:26)
And that’s what, that’s what we’re trying to comply with. We’re trying to comply with a federal system that also provides a federal outlet through visa programs through H2A, which many of you may be familiar with, and H2B and I’ll touch on them very quickly. H2A is a very good program if you can afford it. This- the federal government says that the minimum wage for a H2A worker is $9.11 and you provide transportation and you provide housing and you cover all the visa costs. It ends up costing you about $13.50 per employee per hour for those operations. If we could all drive Cadillacs it’d be great, but everyone can’t drive a Cadillac. Some people can, others can’t. So we don’t need a Cadillac system and, and that’s what the, the H2A system is a Cadillac system. Now let’s talk about H2B. That’s really where we get to our landscape workers, our urban agriculture, the environment we’re in right now.

BigAg lobbyist Bryan Tolar: (03:15)
That is- that program is capped by the federal government was capped in 1990 with 66,000 visas nationwide. In 2004, we reached the cap of that. We can’t expand it. The state of Georgia can’t expand that cap. All we can do is apply for it and hope like heck that we get the workers, ’cause if we don’t, you’re out of business. And if we’re out of business, if we take a $68.8 billion industry and we take a just a 10% hit, we’re talking almost a $7 billion hit to Georgia’s economy. And that’s real. And when those- whe- and when those farming operations and when those landscapers, when they go away, they don’t come back, especially in rural Georgia. It’s that much more difficult if you’re trying to harvest a crop or if you’re trying to milk a cow or you’re trying to care for chickens, it’s a very diverse industry, it’s a very complex industry. This problem is a, is a very complex problem and it requires a federal solution.

BigAg lobbyist Bryan Tolar: (04:08)
But we understand immigration reform needs to happen and we understand there are things the state of Georgia can do and we recognize that this legislation carries a lot of different components in it that will serve the state of Georgia and will serve the state of Georgia well. But, but we take the biggest challenge in this legislation is with the e-verify part and mandating that on private employers. And at that point, Ms. Chairman, I’ll take any questions.

Committee Chairman: (04:29)
Let me, uh, let me ask you a, a question that warrants a probably a 10 to 15 minute answer about-

Committee Chairman: (04:36)
[crosstalk 00:04:36] Okay, well I won’t do that.

Committee Chairman: (04:37)
But I’m going to ask you to do it in 30 seconds.

Committee Chairman: (04:37)
Okay.

Committee Chairman: (04:38)
Very reasonably, I think.

Big Ag lobbyist Bryan Tolar: (04:39)
Yes, sir.

Committee Chairman: (04:42)
W- where’s the line? Where’s the line between those folks in the agricultural community who this perhaps not as big a deal and where- with the folks that where it is? In other words, where is that line of the, you know, where compliance with, uh, with H2A and e-verify and everything that you talked about, what’s the comfort level? And I understand that’s something of a subjective determination and, you know, in our minds we take an oath to support and defend and protect the law.

Big Ag lobbyist Bryan Tolar: (05:12)
Yes, sir.

Committee Chairman: (05:13)
Um, and we all take it seriously. I’m a little concerned about the fact that what I’m hearing is a message from you that says, “Well, we should enforce the law and protect the law and adhere to it, but only if we can afford it.” And that’s what I think I’m hearing. Tell me if I’m hearing something differently. And then tell me about who is it in your mind, just from your industry, intra-industry, where- who, who can afford it and who can’t. And the size of that operation.

Big Ag lobbyist Bryan Tolar: (05:54)
Okay.

Committee Chairman: (05:54)
Talk about the law first and how it is- I mean, that’s the message that I just heard and I want to make sure that I didn’t hear it wrong.

Big Ag lobbyist Bryan Tolar: (05:59)
That’s actually a, a 30 minute answer so I’ll, I’ll do my best. Um-

Big Ag lobbyist Bryan Tolar: (06:02)
I warned you (laughs).

Big Ag lobbyist Bryan Tolar: (06:04)
With regard to, to who can and who can’t take advantage of the H2A program because it is an expensive program, uh, the answer is it depends. It depends on what your commodity is, it depends on your locale for where your market is. Um, and I know that’s, that’s a lawyer type answer. I think I’ll say it depends a lot too. Um, but it- there is no, there is no simple answer and it’s because the industry is not simple. The solution is not simple. And it’s not a matter of drawing a line and saying, “Well, if we get above this point or we’re below this point, then, then we’re in