Immigration Politics Georgia

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

Immigration Research Archives

Illegal immigration in GA: Republicans at work under the Gold Dome *Updated with Crossover Day results

By

Rep Jesse Petrea presenting his HB 136 – House Homeland Security Committee hearing, Feb.10, 2023

 

 

 

 

 

 

 

“It looks like Biden’s illegal parolees (formerly known as illegal aliens) numbered nearly 380,000 in the official statistics from October 2021 to September 2022. Many of them are here in GA.”

  • Updates below each bill explanation. Crossover Day was March 6.

Dear Georgians, here is a sample of what Republican legislators are doing at the State Capitol.

Rep Casey Carpenter (R-Dalton) lead sponsor, HB 131

HB 131 (Kasey Carpenter, R- Dalton) Would change GA law to lower tuition rates in taxpayer-funded colleges for illegal aliens who are recipients of the illegal 2012 Obama ‘DACA’ program. The bill would create a new tier of tuition much lower than out-of-state tuition and would not be available to Americans and legal immigrants who attend public colleges in Georgia from other states. Example: An American from Michigan would pay about $7000.00 more in tuition for full time classes than an illegal alien from Mexico at KSU per semester.  The sponsors are calling it “Opportunity Tuition” the illegal alien students are to be known as “Opportunity Students.” Committee Chairman Rep Chuck Martin is pushing hard to pass this one out.  Update: March 2, 2023 – 5:45 PM: HB 131 did not make it out of House Higher education committee  and is dead for the year. 

  • Related: Retired INS & Border Patrol agent sent a letter to House Higher Education Committee Chairman,, Rep. Chuck Martin Re: HB 131.
Sen. Jason Anavitarte (R-Dallas) lead sponsor, SB 112.

SB 112 (Sen Jason Anavitarte, R – Dallas) “Workforce EXCELeration” creates a new “Adult Education” taxpayer-funded benefit being called the “High School Diplomas for Adult Learners” pilot program that would send applicants aged twenty-one and over to the Technical College System of Georgia for classes that result in a high school diploma. As are most bills ordered up by the Georgia Chamber of Commerce, it is aimed at increasing the number of workers in the state. The bill does not exclude illegal aliens. It is a violation of federal law to knowingly hire illegal aliens. It is a violation of longstanding state law to allow illegal aliens access to Adult Education. Note: This bill has passed the GOP-controlled Senate. One GOP senator voted “NO”

  • Related: The Georgia Chamber of Commerce “Diversity Equity and Inclusion” page.
Rep Ron Stephens (R- Savannah) lead sponsor, HB 313.

HB 313 (Rep Ron Stephens, R- Savannah) “Workforce EXCELeration” again this is a House companion bill to SB 112 above. As I write, the author has not changed the language to exclude illegal aliens. We say again: It is illegal to hire illegal aliens, high school diploma or not. Both bills contain language that refers to waiving existing law (both state and federal) that is counter to the goal of the measures. Update: This bill did not make it out of committee and is dead for the year.

GA state Senator Greg Dolezal, lead sponsor of SB 233 – “school choice” 2023 edition.

SB 233 (Sen. Greg Dolezal R- Alpharetta) would allow illegal alien “parents” to begin  the application process for eligible students to access the proposed “school choice” state benefit.” More in this post: School choice – SB 233: GOP lawmakers ignore warnings on attention to immigration status of ‘parents’ at their political peril, here.

Note: The above is a corrected version of my original and erroneous description of the bill. I regret the error.

Update and related: Sen. Greg Dolezal omits requirement that students in SB 233 be U.S. citizens or green card holders in bill presentation to House Education committee – Video & transcript

 A good bill below

Rep Jesse Petrea, (R-Savannah) lead sponsor, HB 136.

HB 136 (Rep Jesse Petrea, R- Savannah) would require the Georgia Dept. of Corrections to post a quarterly, public report informing Georgia taxpayers of the number of “criminal illegals” in the state prison system – along with the crimes they committed and home countries. Through the department’s legislative liaison, the Kemp administration is striving to dilute or stop the bill in committee. Similar legislation died in the Republican controlled House in 2019. Update: March 7, 2023 – this bill did not come out of the House Rules committee and is dead for the year.

 

Bonus facts on Georgia, Republican Gov Brian Kemp, presiding, Republican Chris Carr, Attorney General: 

GA is not among the states suing to end Biden’s illegal “parole” hustle. Pictured: (L) -GA AG, Chris Carr, GA Gov. Brian Kemp.

 

Governor Kemp’s Capitol office phone number is 404-656-1776. We hope you already know how to contact your state legislators.

Silence is consent.

Note: A version of this column ran on the subscription news outlet Insider Advantage GA on Feb. 24, 2023 and is published in the Feb. 27, edition of The Islander newspaper in Glynn County, GA.

D.A. King is proprietor of ImmigrationPoliticsGA.com and president of the Dustin Inman Society @DAKDIS – Twitter

Biden’s SOTU Boasts about Decreasing Illegal Immigration Were Fraudulent, Too

By

“Now, about Biden’s new border plan: It is not reducing the number of illegal aliens detained at the border; it is concealing the number of illegal aliens released into the country  through a “parole” scam.”

 

National Review

By ANDREW C. MCCARTHY

 

The president hasn’t fixed the problem; he has covered it up through a legally baseless sleight of hand.

In his speech, Biden brayed, “Since we launched our new border plan last month, unlawful migration from Cuba, Haiti, Nicaragua, and Venezuela has come down 97 percent.” I will come momentarily to the administration’s new border plan, which, as I observed when Biden rolled it out, is both illegal and a political fraud. For now, though, let’s stick with what the president said. Even at face value, it was exaggeration. As Arthur runs the numbers, there was a decrease in unlawful migration from the four countries in question between December 2022 and January 2023, but it was a decrease of just 76 percent — and even that statistic makes the Biden administration’s immigration policies sound a lot more successful than they’ve actually been.

Because of Biden’s policies, illegal immigration is at astronomical, previously unseen levels, so any decrease, no matter how noticeable, is going to be a fall from unprecedented heights. And when you widen the time frame, comparing January 2023 with January 2021 (when Biden took office, and thus before his policies took hold) and January 2020 (before Covid shut down even most illicit travel), the picture starts to look a lot different from the one Biden painted. As Arthur shows, apprehensions from the four countries Biden mentioned were up 400 percent in January 2023 compared to January 2021, and an astonishing1,275 percent compared with January 2020.

Now, let’s look at the numbers for all countries, rather than just the four that Biden cherry-picked. In total, there were about 156,000 illegal aliens “encountered” by Customs and Border Patrol (CBP) personnel in January — 128,000 detained at the border, and 28,000 stopped at ports of entry. In the 15 years between May 2006 and May 2021, monthly apprehensions exceeded the January 2023 total of 128,000 only once — in May 2019, when slightly fewer than 133,000 encounters were recorded. That is, the January 2023 numbers Biden bragged about are historically horrible.

Now, about Biden’s new border plan: It is not reducing the number of illegal aliens detained at the border; it is concealing the number of illegal aliens released into the country through a “parole” scam.

The scam works this way: Rather than trying to cross illegally at the border, aliens are now encouraged to arrange entry into the U.S. at CBP ports set up in northern Mexico. There, even if they do not have a valid asylum claim (which the vast majority do not, because a valid claim must meet a high evidentiary burden), they will be given “parole” so long as they can show a potential claim of credible fear of persecution in their home country (a very low standard).

As we shall see, the administration has no legal authority to grant such “parole.” Nevertheless, compliant and uninformed media are reporting on the plan as if it were legitimate and the “paroled” aliens were entering our country lawfully. The “parole” purports to authorize illegal aliens to work in the U.S. and lasts for two years, plenty of time to establish other ties (marriage, children) that will make it practically impossible to expel them — assuming that they show up for legal proceedings, and that the overrun system even schedules those proceedings in the foreseeable future. That is, Biden has presumed the unilateral power to amend statutory immigration law, in effect granting asylum to illegal aliens who do not meet the qualifications Congress has prescribed — aliens who are merely economic migrants, who could have applied for asylum in countries they passed through before arriving at a U.S. port of entry, and who do not have a cognizable fear of persecution in their native countries.

Biden’s parole program is lawless, which is why it is now being challenged in a Texas federal court by 20 states (including Florida, which has also brought a lawsuit in a Florida federal court). As I’ve explained a number of times, federal immigration law mandates that illegal aliens “shall be detained” from the time they are first encountered by federal authorities until their cases are disposed of (i.e., until they are either deported or granted asylum or some other statutorily authorized right to remain)…. read the rest here, at NRO.

State Senate rule allowing unrecorded votes should be scrapped *Repost

By

Image: Twitter

 

The below essay was posted on the subscription news and opinion outlet Insider Advantage, January 4, 2017. It is reposted here for the education of the  Warriors for Freedom group in Fulton County.  Note, the senate rules can be changed. dak

 

Here is an “extreme” concept to start the year: All votes in the state Capitol should be recorded so that we the people always know exactly how each one of our state legislators vote.

Believe it or not, that is not the case in the Georgia Senate.

State Senate rules used for decades allow unrecorded votes on very significant amendments to legislation offered on the Senate floor long after public input and any scrutiny in the committee process has been completed.

This lack of transparency in government affairs can be easily changed. Georgians need to know that the senators vote on the rules as their first order of business every other year – and 2017 is one of those years. We provide this information just in case a few state senators forget to mention it to constituents.

High up on the front wall of the Senate chamber is a large brightly lit machine that displays each Senator’s vote and electronically records it in the permanent Senate record.  It’s called the “Yeas and Nays” voting method.

In the full chamber, if any senator wants to change a bill that has already been through the committee process, a “floor amendment” can be offered and senators can vote on whether or not to approve the amendment – with an unrecorded raise-your-hand vote. And they can decide if that vote is an unrecorded vote with another unrecorded raise-your-hand vote. Oddly enough, this is inaccurately referred to as the “voice vote,” or “rise stand and be counted” voting method.

It takes five senators to very quickly demand a machine-recorded vote on floor amendments. See Rule 5.1-3 

 

Senate tally board, 2021, SB 601

Confusing, isn’t it? Here is an example: In 2015, the Georgia Senate killed an amendment aimed at ending the current practice of issuing drivers licenses to illegal aliens by holding an unrecorded, raise-your-hand-vote on whether or not to have an unrecorded raise-your-hand-vote. Unrecorded won. Illegal aliens won.

We the People lost.

There was also an unrecorded vote involved in getting to final passage of the 2015 transportation tax increase. This writer watched both events.

Readers should contact their state senators and demand that when the Republican-controlled Senate comes to order on Monday morning, January 9, the existing rule allowing any unrecorded floor votes is changed. And that it be done with a machine-recorded vote.

Then we can start working on eliminating unrecorded votes in the House and Senate committee process.

D.A. King is president of the Georgia-based Dustin Inman Society

Article roundup – Carroll County government in violation of state laws on illegal immigration/public benefits

By

 

 

 

 

 

 

 

  • Carroll Co. government in violation of state laws aimed at illegal immigration? here.
  • Original complaint sent to Sheriff Langley here
  • Update and addition to Oct. 3 Carroll County government compliant sent to Sheriff Terry Langley here
  • Carroll County improving, still in violation of state law on illegal immigration here.
  • My reply to Carroll County Attorney Re: OCGA 13-10-91 Contractor Affidavit in use since 2016 here.
  • Case against Carroll County BOC on illegal immigration laws sent to District Attorney here.
  • Carroll County complaint: Response from Coweta Judicial Circuit District Attorney, Herb Cranford here.
  • Reply to response letter from District Attorney Herb Cranford, Coweta Judicial District – Carroll County complaint here.
  • Letter from Attorney General Chris Carr’s office – Dec. 16, 2022 (“…this office similarly declines any further action on this matter”) here.

 

 

News dump: Biden Regime’s CBP has released the September border numbers, revealing 227,547 encounters, highest Sept. in DHS history.

By

 

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

by Andrew R. Arthur on October 24, 2022
On October 21, I questioned why CBP’s September statistics on alien encounters at the Southwest border were delayed, particularly given that immigration is on the ballot in this year’s congressional midterms and that early voting for many of those races had already begun. It was only after 11 PM that night that the agency finally released those numbers, captioned “Nationwide Encounters”. It’s unfortunately common in D.C. to hide bad news by dropping it after close of business on Friday (a maneuver termed a “news dump”), and those numbers contained some very bad news, indeed: The border is in freefall, spurred by the Biden administration’s immigration policies….read the rest here at CIS

 

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

By

 

 

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.

 

 

 

 

Carroll County; Response to my follow up question on number of business licenses/occupational tax certificates issued since July 1, 2012 – it’s 4,746

By

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

Carroll County E-Verify affidavit(s) compared to the version from the AG office required by state law

By

 

 

 

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.

Response to my April, 2022 email to Carroll County Board of Commissioners Re: OCGA 50-36-1 & OCGA 36-60-6 from Commissioner Clint Chance

By

 

 

 

 

 

 

 

 

 

 

 

 

Good evening D.A.,

My apologies for writing so late this evening in response to your correspondence but I have been in all day budget meetings and then the normal catch up on emails, voicemails, etc following Easter.
I was somewhat perplexed after deciphering your email and feel maybe I should transcribe my memory on this topic to the best of my recollection to ensure we are all on the same page.  I remember you reaching out a couple of months back and you brought to my attention what you described as an unintentional violation of  State Law in Carroll County with regards to the application process for any and all matters relating to public assistance, namely inferring on the matter of national residency identification.  I remember being somewhat confused initially on exactly the specifics you were detailing in our phone conversation.  However, after an in-depth dialogue I responded through what I believed to be a rhetorical  question meant for clarity stating that you were essentially describing that our online application process was invalid for only requiring proof of citizenship or the admittance of Non-Citizen and/or Alien Status on the initial application process but not for renewals.  As I recall, you stated unequivocally that was exactly what you were referring to, that both initial applications AND ALL FUTURE renewals MUST require verification documentation relating to the afore-mentioned.
Understanding your specific purpose in alerting me on behalf of Carroll County, I initiated a phone conversation with a member of our legal counsel, Mr Avery Jackson and our Community Development Director, Mr Ben Skipper.  Both County representatives were very professional and astute in listening to what I was relaying on your behalf.  Mr Jackson stated he would be reaching out to you for further clarification, in which he did verify occurred along with specifics from your conversations.  Mr Skipper had a supervisor familiar with the application process and administrative upkeep within his department to contact me so that I could discuss the matter further in relaying your concerns.
I am happy to state that as your email headline identifies, I agree you were very respectful, friendly and did spend a considerable amount of time explaining the process of the error you believe Carroll County was in violation of initially.  However, there is some irony surrounding your comment hereto that, “laws are not suggestions.”  After Mr Jackson followed up with me on the matter he confirmed that you did in fact agree that the State Law cited does not require the fore-mentioned documentation be provided on renewals IF the original application proved the applicant was already an actual U.S. Citizen.  (Only if the original application proved the applicant to be a Non-Citizen and/or Alien would the necessary verification documentation be required for renewals). Mr Jackson further explained that you agreed to that general interpretation but that you additionally “suggested” that Carroll County mirror what some other Counties are doing which is requiring the verification process each and every time regardless of verification credentials at any given interval.  I would submit that you are hopefully able to decipher the irony of your email in the actual “law” as you related to me originally versus the portion of implementation enhancements that are merely, “suggestions”.
I would conclude that myself and Carroll County representatives have also been attentive, courteous and likewise spent a considerable amount of time researching the item at hand as well.
In closing, it’s my understanding that there may still be the need to tweak some language slightly on our application as it refers to State Statute but the original crux of what was brought to my attention may not exactly have been verbatim as you relayed it to me originally.
D.A., please know that I understand you are very well versed and respected in the field on all matters of Immigration and Illegal Immigration.  In addition, please know that I genuinely appreciate your watch-dog approach to these issues and I certainly commend you on the effort you place in helping to ensure the laws of this State are upheld.  As an elected official, I too personally take a vested interest in ensuring that Carroll County is compliant in all areas of law, most especially as it relates to any matters that involve illegal alien status and immigration in which you are a subject matter expert.
While I understand that Government generally never moves as fast as we would like, I hope you will also consider that short staffing, the need for research initiated internally and multiple department coordination efforts does not always allow for a rapid turn around time for completing such tasks.
Please note that my main issue with your email correspondence here is that from a layman’s evaluation you expressed about being helpful and considerate (which I agree) but that Carroll County could be viewed as recalcitrant and negligent in responding to your subject matter alert (which I would respectfully disagree).
Should you feel I have inaccurately described any of the preceding statements or context thereof please feel free to let me know.  Otherwise, please note I will have a member of the Carroll County Administrative team follow up with you on this matter as may the Madam Chair who runs day-to-day operations.  Since you copied members of the media on your original correspondence and referenced County representative interactions, I have copied Carroll County Communications Director, Ms Ashley Hulsey and legal counsel Mr Avery Jackson on this reply hereto.
With sincerest acknowledgement, I appreciate your interaction with professional knowledge on the benefits application process and please know that Carroll County will continue to explore and execute any exaction steps needed for full compliance.
Best,
Clint
Clint M. Chance

Commissioner – District 2
Carroll County Board of Commissioners
Office of the Commission – Historic Courthouse
323 Newnan Street
Carrollton, GA 30117
Office: (770) 830-5800
Cellular: (404) 313-4990

My April 2022 email to Carroll County, GA Board of Commissioners Re: Violations OCGA 36-60-6 & OCGA 50-36-1

By

 

 

 

 

 

 

From: “D.A. King” <Dking***>

Subject: NEWS TIP -Despite multiple previous “heads up” notices, Carroll County government appears to be in violation of state E-Verify law and public benefit law designed to prevent benefits & jobs from going to illegal aliens while illegal immigration is at all time records levels – and during campaign season.
Date: April 14, 2022 at 3:06:08 PM EDT

On Apr 14, 2022, at 3:07 PM, D.A. King <Dking1952@comcast.net> wrote:

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.