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Update: Dec 31, 2024 noon: The Department of Corrections apparently saw the version of the below column that ran on the subscription outlet James Magazine Online yesterday (Dec 30). They have posted a list of prisoners with ICE detainers and labeled it “HB 1105 Quarterly Report December 2014.” It’s a start, but what they have posted is a small part of what the law requires.

Correction: January 1, 2025: The state law requires GDC to post the report cited below on October 1, 2024 – then Dec 1, 2024 and then quarterly thereafter. I am correcting my typo in the below column that reported those dates as 31 October and 31 December. I regret the typos and the errors    dak.

Department officials and staff apparently didn’t read the law

Some noteworthy news from Georgia Department of Corrections (GDC) related to the high profile illegal immigration legislation (HB 1105) passed in the 2024 session of the General Assembly: The department is already in violation of one of the laws (see section 7) contained in the fifteen-section measure. Unless they act extremely quickly, Commissioner Tyrone Oliver’s office will be in further violation tomorrow, Dec. 31. 

Known as “The Georgia Criminal Alien Track and Report Act,” HB 1105 passed into law after Laken Riley was brutally murdered by an illegal alien in February. Sponsored by Rep Jesse Petrea (R- Savannah), the bill contains language that requires various law enforcement agencies to submit reports throughout the year designed to provide the public with detailed, official information that will expose the staggering cost – both monetary and human – of criminal aliens in Georgia.

Here is an easy-to-read general explanation of HB 1105.

The GDC is charged with producing a quarterly, public report to be posted on the department’s website, with the first edition due October 1^st, 2024 – three months ago. The second quarterly report is supposed to be posted, Dec 1st.

After scouring the GDC website last week looking for the report and not finding it, I contacted the GDC communications department asking if I had somehow overlooked it or why it was not there. Minutes later I got a call from GDC Manager of Communications, Lori Benoit, who informed me that they would have the report up on March 31^st, 2025 – “because that law doesn’t go into effect until January 31^st, 2025…” Not true.

The text of HB 1105 has different effective dates than the official GDC spokesperson.

SECTION 14.  “Except as otherwise provided for in subsection (b) of this Section, this Act shall become effective upon approval by the Governor or upon becoming law without such approval. Section 10 of this Act shall become effective on December 31, 2024. “

It looks like the staff and management at GDC have not read the law. It’s short, so I post it below in its entirety so JMO readers and GDC staff can read it together. Gov Kemp signed the bill into law in May.

Section 7 (OCGA 42-1-11.4): “The commissioner shall, on the official public website used by the department, publish a report of aggregate data on the immigration status, offenses, and home countries of inmates who are confined under the authority of the department who are not citizens of the United States and to whom the United States Immigration and Customs Enforcement Division of the Department of Homeland Security has issued immigration detainer notices as such term is defined in Code Section 42-1-11.5. Each report shall include the total number of inmates who are not citizens of the United States; provided, however, that any inmates who are citizens of both the United States and one or more other countries shall be designated as such as a separate category. Such report shall be first published on October 1, 2024, and every 90 days thereafter; provided, however, that if the ninetieth day falls on a state holiday or Saturday or Sunday, then such report shall be published the next business day.” Italics mine.

Assuming GDC eventually creates and posts the mandated report on the number of criminal aliens in our prisons, there will exist an unambiguous method for Georgians to calculate the monetary cost of housing them.

There are a lot of anti-enforcement people both in and out of state government who will be very unhappy that Georgians have access to what is regarded as “too much information.”

 But for a ballpark cost, it is possible to get a preview by using the figures Rep. Petrea obtained from GDC last year in preparation for processing his pro-enforcement legislation.

Last January GDC showed there were 1579 illegal aliens in the prison system with ICE holds (not total illegals). According to online data from GDC the (2021) daily cost per prisoner is $73.79. my math puts the total annual cost to Georgians at over $42 million.

AG Investigation without prosecution? (carve out)

It appears GDC may not have concerns about sanctions for violations. While the legislation – passed to crack down on officials ignoring the laws that were already in place – contains misdemeanor penalties for some violations (including for law enforcement officials), language in HB 1105 authorizes the Attorney General to Investigate and prosecute violations of some of the laws it created– but limits the AG only to investigate failure to compliance with the law GDC has ignored – (see lines 349-342).

We can’t help but wonder if Laken Riley’s family knows about any of this.

The Hill

Brian Lonergan

1/17/18

The Trump administration declared today to be Barbara Jordan Day, the 22nd anniversary of the legendary former Texas congresswoman’s passing. Presidents often make such declarations to honor heroes from our country’s past. However, Jordan was no relic from a bygone era. She was a trailblazer on many issues, not the least of which was immigration policy. Our country would greatly benefit if more of the players in the current immigration debate shared her vision.

Jordan was an icon and a pioneer, but didn’t fit into the neat categories of the modern political landscape. She is primarily known for a series of firsts: First African-American elected to the Texas Senate after Reconstruction, first Southern African-American woman elected to the U.S. House of Representatives, and the first African-American woman to deliver the keynote address at the Democratic National Convention. She also gave a memorable opening statement at the House Judiciary Committee hearings during impeachment proceedings against Richard Nixon.

With that resume, and by today’s politics, one would assume Jordan would be an open borders advocate who endorsed all the Democratic Party’s platform positions on border security, sanctuary cities, chain migration and the visa lottery. That assumption would be wrong. Jordan was a staunch proponent of an America-first immigration policy that sought to have new arrivals be a benefit, not a burden, to the country.

{mosads}Though a lifelong, loyal Democrat, Jordan staked out positions on immigration that would today make her a pariah in her party. As the chair of the U.S. Commission on Immigration Reform from 1994-1996, Jordan advocated for increased restriction of immigration, and increased penalties on employers who violated immigration rules. Her rhetoric was ahead of its time considering the pro-enforcement sentiment that swept Donald Trump into the White House in 2016.

Under her leadership, the commission conducted a sweeping, bipartisan review of U.S. immigration policy. In that report, informally known as the Jordan Commission, she debunked concepts of illegal immigration that have found support today.

“For immigration to continue to serve our national interest, it must be lawful,” she wrote. “There are people who argue that some illegal aliens contribute to our community because they may work, pay taxes, send their children to our schools, and in all respects except one, obey the law. Let me be clear: that is not enough.”

As Republicans and Democrats wrangle over the future of immigration policy, some Jordanian common sense should be applied. Namely, we need to ask those opposed to reform why they do not support policies that would protect American lives, prosper Americans, and improve the upward mobility of legal immigrants and the vulnerable. Should the priority of our elected leaders be to improve the lives of American citizens, or allow corrupt regimes to export their poverty problem to us?

While she was chair of the commission, Jordan argued that “it is both a right and a responsibility of a democratic society to manage immigration so that it serves the national interest.” Rarely will you hear a more succinct and relevant statement on immigration than that.

We need to make immigration work for Americans. Allowing a mass influx of low-skilled foreign nationals to violate our laws is a bad proposition. Bad for American citizens, who see their wages driven downward and are vulnerable to a dangerous criminal element; bad for legal immigrants, who played by the rules and saw that effort mocked by others who essentially cheated and were rewarded; and bad for the new arrivals, many of whom are ill-equipped to assimilate into American life and face the prospect of grinding poverty and long-term government dependence… please read the entire essay here.

“Workforce development?” – Why are we paying for college classes for illegal aliens who are not eligible for employment?

We hope regular readers of this space and the audience of Scott Ryfun’s superlative “Straight Talk” radio show know this writer and the Dustin Inman Society have been pushing for significant change to Georgia’s Dual Enrollment program for several years. I am grateful for a weekly segment on Scott’s show – Thursdays at 8:35 AM.

The quick, elevator ride explanation of Dual Enrollment is that our tax dollars are going to fully fund college classes for Georgia high school students – including the cost of books and fees. It’s zero cost for the student. A more in depth explanation here.

Like a great deal of what happens under the Gold Dome in Atlanta, the program is operated and funded in the name of increasing the size of Georgia’s skilled workforce. Along with the Metro Atlanta Chamber of Commerce, the Georgia Chamber of Commerce wants more workers. They usually get what they want.

What Gov. Kemp, Republican leadership in the General Assembly, and the special interests have kept quiet is the fact that illegal alien students are not excluded from the Dual Enrollment program. Further, the hope is that nobody (including our state legislators) will remember that federal law makes “the undocumented” ineligible to work.

A perfectly logical question for our state lawmakers: “Since they cannot legally work anywhere in the USA, why are you voting for legislation that pays for a college education for illegal aliens using my taxes?”

• According to the Georgia House Budget and Research Office, the 2025 state budget for Dual Enrollment is $91.3 million.

It is truly astonishing to this writer that voters remain silent on matters like this.

As a nudge for concerned Georgians to take action, we paste language below that can be introduced as legislation for the 2025 legislative session. The wording that will exclude illegal aliens is in bold italics (a Lawful Permanent Resident is a ‘green card’ holder). After working in the Capitol for nineteen years I can assure readers that the below proposal will need very little adjustment to become effective law if there is an interest in doing so.

I predict that there will be an effort to dilute the language so as to allow the should-be illegal aliens who have been improperly granted “parole” to access the free college classes. But one thing at a time.

About here I should remind voters that if they remain silent on this, the current arrangement will not change. We must make our voices louder than the well-funded lobbyists.

The hope here is that readers will send the below draft of legislation to their state legislators and maybe give them a friendly phone call and/or email. To be clear: If you remain silent nothing will change.

• We include a FAQ and response (#7) from the officials at the Georgia Student Finance Commission (GSFC) who operate and administer the Dual Enrollment program:

Is there a residency requirement to participate in Dual Enrollment?”

Response: “There is no residence or citizenship requirement to participate in the Dual Enrollment program. A student must be enrolled at an eligible participating high school located in Georgia or home study program operated pursuant to Code Section 20-2-690 located in Georgia, and meet the postsecondary admissions requirements and enroll in a participating postsecondary institution.”

 

______________________

DUAL ENROLLMENT REFORM: OUR HANDY, PROPOSED BILL LANGUAGE:    

This Act shall be known and may be cited as the “Georgia Dual Enrollment Reform Act of 2025.”

To amend Code Section 20-2-161.3 of the Official Code of Georgia Annotated, relating to the Dual Enrollment Act, purpose, dual credit courses, eligibility for participation, and eligibility for payment, so as to provide for a U.S. citizenship, legal immigration status and residency requirement for eligible students; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Section 20-2-161.3 of the Official Code of Georgia Annotated, relating to the Dual Enrollment Act, purpose, dual credit courses, eligibility for participation, and eligibility for payment, is amended by revising paragraph (9) of subsection (b) as follows:

“(9) ‘Eligible high school student’ means a student who is a U.S. citizen or Lawful Permanent Resident who remains a resident of the state while participating in the program, and 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: (i) 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.”

This Act shall become effective on July 1, 2025, and shall apply to all school years beginning on or after July 1, 2025.

 All laws and parts of laws in conflict with this Act are repealed.

Please feel free to send this post to your state Senator and your state House Rep.

_

A version of this column was published in the August 5, 2024 edition of The Islander newspaper in Glynn Co.

From: “D.A. King” <Dking1952@comcast.net>

Subject: Media request – SB 497

Date: June 11, 2024 at 12:37:25 PM EDT

To: Chuck Martin <chuck.martin@house.ga.gov>, “Rep. Chuck Martin” <

Rep. Martin,

I am compiling information and quotes for a write up on the newly re-named High Demand Apprenticeship Program and your amendment on line 201 (SB 497 as passed) which adds “apprenticeships” to the list of public benefits in OCGA 50-36-1.

In addition to the very real possibility that illegal alien employees are participating in the apprenticeship training, my original concerns were that illegal aliens who were also employers can send an employee to be *“upskilled” at taxpayer expense and then collect the contract completion award of up to $50,000.

Having worked with OCGA 50-36-1 since 2006 I am very familiar with the system it creates for verification of “lawful presence” of applicants for public benefits. It appears that by the addition of ‘apprenticeships’ to the list you have improved the HDAP with the requirement that the apprentice applicant be subject to  the verification process. As the sponsoring employer is not applying to be an apprentice, it seems that he would not be included in the multiple steps involved in OCGA 50-36-1 – including the affidavit and SAVE verification.

If so, there is still no safeguard against $50,000 of taxpayers money going to reward an illegal alien employer for the upskilling process paid for by the taxpayer.

Question: Was it your intent to omit the employer from a verification process or do you hold the position that the addition on line 201 of SB 497 will somehow include the verification of lawful presence for the employer who sends an employee to be trained, please? If it is the latter, it will help my readers (including many state legislators) if you could offer an explanation of that position.

As you no doubt are aware, there are multiple public examples of illegal aliens running businesses as employers here in Georgia. As I sent to you, Senator Strickland and Gov. Kemp earlier this year, I cite two of those examples here.

Also, senior officials at TCSG have volunteered that H1B workers are already in the apprenticeship program which apparently indicates that employers are being rewarded with up to $ 50K for Georgia taxpayers funding the OJT/upskilling of temporary workers who are supposedly hired because of their specialty knowledge and expertise in the relevant industry. H1B workers in compliance with the federal law on that visa have “lawful presence.”

Question: Do you agree that  SB 497 did nothing to exclude H1-B workers from the apprenticeship program?

In addition to my own now widely-read blog, I also write on James Magazine Online, in various Georgia newspapers and at The Federalist. My deadline on gathering information for this educational opinion piece is noon, Monday, June 17, 2024.

I hope you will reply to my inquiry to insure accuracy and fairness in my column.

Thank you,

D.A. King

404-*****

___

Response from Rep.Martin received June 17, 2024 at

Mr. King,

Here are two questions I’ve asked of TCSG and the answers:

1. Can H1B Visa status be legally used as a determining factor in awarding the apprenticeships?

H1B status is not considered an awarding factor in the HDCI process. Since the program’s inception, no apprentice supported under the HDCI program has been an H1-B visa holder. While not connected to HDCI Program, USDOL, a federal agency, coincidently offers apprenticeship grants to help employers reduce their reliance on H1B workers. This is unrelated to any apprenticeship funding mechanism offered by TCSG.

2. Is the system aware of any persons receiving the benefit that are not in the country lawfully?

No. All apprentices must be full-time permanent employees of a Georgia business, which are generally prohibited from hiring a person who is not in the country lawfully per federal DHS rules and required to conduct E-Verify on each fulltime employee. As a double check, we are implementing a SAVE verification process for HDCI apprentices moving forward.

Your questions:

Question: Was it your intent to omit the employer from a verification process or do you hold the position that the addition on line 201 of SB 497 will somehow include the verification of lawful presence for the employer who sends an employee to be trained, please? If it is the latter, it will help my readers (including many state legislators) if you could offer an explanation of that position.

No, in fact, I believe the language covers the employer as well. Additionally, ‘Apprenticeship sponsor’ is defined in the bill (lines 116 – 120), so the additional language added to 50-36-1 is a bit of “belt and suspenders” for state verification.

Question: Do you agree that  SB 497 did nothing to exclude H1-B workers from the apprenticeship program?

As the name implies, the HDAP is an apprenticeship program. Individuals who meet the requirements for an H1B must have sponsorship, specific skills and are typically over the age of 21, making it highly unlikely such individuals would meet the application requirements; I draw your attention to lines 91 – 98 in the bill defining application requirements.

Best Regards,

Charles E. “Chuck” Martin, Jr.

House Higher Education – Chairman

State Capitol Room 417

Atlanta, Georgia 30034

Phone:  404-656-5064