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That’s not accurate, Mr. Germany: Fact checking Ryan Germany, General Counsel to Georgia’s SoS on his testimony on HB 228  

March 2, 2021 By D.A. King

Georgia Capitol Building. Photo: Twitter

 

Fate of HB 228 could hang on “expert” testimony

 With a note on Shevondah Leslie and DDS

 

In his long testimony to a legislative committee chock full of senior House members, Georgia Secretary of State General Counsel Ryan Germany passed on a remarkable amount of inaccurate and incomplete “facts” last Friday. From where this writer was sitting it appeared the assignment was to kill the measure at hand, HB 228.

The bill is aimed at voter ID integrity.

The hearing in the Special Committee on Election Integrity admittedly involved “in the weeds” details on immigration law. But it also dealt with Motor Voter registration, Georgia driving credentials, ID Cards given to U.S. citizens and foreign nationals and the security measures involved in the issuing process. In addition to Germany’s, the general lack of knowledge of many of the legislators was quite extraordinary.

Example? In a state where legislators endlessly seek to increase foreign labor, exactly who can obtain a Social Security number seems to be a deep and mysterious unknown.

From a transcript of the hearing on voter security and “proper identification” at the polls:

Committee member and Speaker Pro-Tem Jan Jones to Ryan: “So I guess follow up if you’re not a citizen, you wouldn’t have social security number?”

From the witness podium, Secretary of State General Counsel Germany: “Uh, I believe it’s possible to have a social if you’re not a citizen, but it’s, but it’s not, it’s not, um, a typical occurrence by any means.”

That’s not accurate Mr. Germany

GA Secretary of State General Counsel Ryan Germany. Photo: Law.com

The fact that Ryan Germany was put in a position to influence the outcome of pending legislation and apparently does not know his statement to the House Speaker Pro Tem is wildly wrong should be alarming to all concerned.

The reality is that foreign nationals aka “non-citizens” aka “aliens” can easily obtain a Social Security number. It is a very “typical occurrence.”

Virtually every legal immigrant (green card holder) in the U.S. – and we take in about a million every year – is given a Social Security number and they are under no obligation to ever become American citizens. Guest workers here on temporary visas are issued Social Security Numbers – more than 1.4 million guest workers in 2013 (for example). As is mentioned further down, about 600,000 illegal aliens have been issued Social Security numbers.

*In his testimony and a response to another question from Speaker Pro Tem Jones, SoS General Counsel Germany told her “So, um, that means that when, when they’re checking their status at DDS, when you’re checking either citizen or, you know, legal resident, um, because it’s non-legal residents cannot get driver’s licenses or IDs in Georgia.”

That’s not accurate, Mr. Germany.

For brevity here, let’s consider the more than twenty thousand illegal aliens who are beneficiaries of Barack Obama’s ‘Deferred Action on Deportation for Childhood Arrivals’ (DACA recipients) who have Georgia drivers licenses and/or official ID Cards – and Social Security numbers.

This is due to the fact that the REAL ID Act contains a section (MINIMUM DOCUMENT REQUIREMENT AND ISSUANCE STANDARDS… (Sec. 202, (2) (B) ) which says illegal aliens with deferred action on deportation (and other categories of administrative status) have “legal status” for purposes of drivers licenses and ID cards only. The status does not transfer out of that narrow regulation.

For example, these illegal aliens with DACA have Georgia drivers licenses and ID Cards but are not allowed instate tuition rates at USG/TCSG schools. While he is stone silent on the entire issue as governor, in 2018 even then-candidate Brian Kemp recognized that “illegal immigrants” with DACA do not qualify for the Hope scholarship. No Obamacare either. Why? Because they are, using the words of Ryan Germany, “non-legal residents.”

In a March, 2019 opinion the 11th circuit appellate court noted the obvious: “As DACA recipients, they simply were given a reprieve from potential removal; that does not mean they are in any way ‘lawfully present under the (INA) act.” Even the liberal AJC reported it.

We noted that decision in 2019 with observations on how public benefits are administered in Georgia.

Text of HB 228 as introduced here.

—>Update: October 18, 2021: Current version (committee substitute) of HB 228 here. 

Rep Charlice Byrd. Photo: Asian Times.

Bonus for General Counsel Ryan Germany and the Georgia legislature:

  • Georgia’s Attorney General Chris Carr makes it clear that DACA recipients do not have legal status.
  • From the Associated Press: “Some illegal immigrants can get Georgia driver’s licenses.”

It is very possible Mr. Germany lacks this knowledge. The committee considering HB 228 should not have similar gaps of information.

On the topic of REAL ID compliant credentials, Germany informed the committee considering DDS-issued credentials used as voter ID that “…since 2012, I believe (DDS) has only issued Real IDs for driver’s license or state ID.”

Ryan Germany testifies to the Special Committee on Election Integrity Feb 26, 2021. Photo: dak

Not exactly, Mr. Germany.

As I type, I am looking at my own Georgia drivers license issued in January 2016. It is not REAL ID compliant. It has no gold star. What Germany omitted in his “expert” education to legislators in the HB228 hearing is the fact that if anyone obtains both an ID card and a DL DDS will only make one document REAL ID Act compliant – which is noted with a gold star in upper right corner.

Photo dak

It should be made clear – again – that the illegal aliens with Georgia-issued drivers licenses and ID Cards are given the same credentials as U.S. citizens with the exception of the words “LIMITED TERM” on top.

Here, we insert an April, 2019 news item from the liberal AJC: Georgia leads nation in motor voter registrations

“Amid heated battles over voting rights, Georgia has emerged as an unlikely national leader in automatic voter registration, according to a study this month by the Brennan Center for Justice. The study estimated that 94% more voters registered in Georgia than if the state hadn’t implemented automatic voter registration in September 2016.”

House Bill 228 is designed to make human and/or systemic error resulting in illegal voting much less possible. The bill closes a loophole in current law that does not prohibit foreign national’s drivers licenses and/or ID Cards from acceptance as “proper identification” at the Georgia’s polls. It clearly marks these documents with “BEARER NOT A U.S. CITIZEN – NOT VALID VOTER ID.”

The committee hearing HB 228 seemed to reject the multiple liberal media stories presented documenting foreign nationals being registered to vote through the Motor Voter system. But it was clear they hung on every word from General Counsel Ryan Germany.

That is accurate, Mr. Germany

It is not apparent that the committee realized one of Germany’s most important statements came in his answer to another question from Speaker Pro Tem Jan Jones. She asked “is it possible though for a non citizen, um, to accidentally be registered to vote, say at the county level, if they go to their county board registration to register that?”

“I wouldn’t say it’s impossible” was Germany’s reply.

That is accurate, Mr. Germany.

A parting note on DDS testimony at the same hearing

“A Georgia DL/ID is not proof of lawful status in the U.S. so it is important to note that an expired LIMITED-TERM card does not mean the person is in the country illegally.” – statement on the DDS website as of 2:25 PM March 2, 2021..

We are focused on testimony in committee from “experts” to legislators with apparent wide gaps in knowledge of immigration law and how secure credentials are issued in Georgia. It’s a good place for a quick note on the video testimony of Ms. Shevondah Leslie who is Georgia Department of Driver Services (DDS) Director of Governmental Affairs and Communications.

Space here does not allow extensive coverage, but Leslie effectively told committee members multiple times that everyone who is issued a Georgia drivers license and/or ID Card is “lawfully present.”

To repeat information offered above, the federal government – the source of immigration laws that decide status – tells us something quite different. So does a former federal immigration judge.

It is long past time that responsible lawmakers pay attention.

The U.S. Citizenship and Immigration Services (USCIS) puts it a different way:

“Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred” – here.

 

Again, more than twenty thousand DACA recipients alone have Georgia drivers licenses and/or ID Cards. There are other categories of illegal aliens with state ID credentials.

In response to inquiries from past state legislators, DDS has revealed that the SAVE system does not confirm “lawful presence” for DACA recipients – but rather temporary employment authorization. That phrase notes that Obama gave these illegal aliens a work permit and an SSN. It does not in any way contradict the laws from congress as noted in the 11th circuit appellate court decision.

_____

The problem with SAVE.

_____

In response to questions on the non-citizen drivers licenses a DDS spox once told a news outlet

“DDS has not changed the policy regarding driver’s license and/or identification card issuance to non-citizens. Those non-citizens in Deferred Action Status are eligible for GA licenses and IDs per the Federal Dream Act (assuming that they meet all other GA licensing criteria). Here.

We hope that it does not come as news to readers here that the DREAM Act failed to pass in congress multiple times. There is no “federal DREAM Act.” You can read that one here.

A DDS liaison once assured a state legislator, in writing, “we don’t issue cards to illegal aliens.”

There is much more information available for lawmakers who want to make educated decisions on all matters immigration and “non-citizens.” That issue is crucial to HB 228 which is focused on clarifying and ease of recognition the ID we give to foreigners in Georgia.

Indoor billboard outside Ga. Gov. Kemp’s Gold dome office. Photo: dak 26Feb2021.

For Georgians curious as to why there is a thunderclap of instant and powerful opposition to adding clarifying wording on credentials issued to foreign nationals, it should be noted that a very important goal of the Georgia Chamber of Commerce is more, not fewer foreign workers in “the number one state for business.” Any change in marking these documents is counter to the already announced goal from the business lobby at the leftist Georgia Budget and Policy Institute.– drivers licenses for all “immigrants” – legal or not. Election integrity comes behind that ambition for far too many obedient people in power in Georgia.

Like in California.

—

Note: A link to the official video record and transcript of the February 26, 2021 hearing can be accessed on the ImmigrationPoliticsGA website.

*Updated March 6, 11:13 PM. Corrected (deleted) a repeated paragraph typo concerning Ryan Germany response to Speaker Pro Team Jones on “…non-legal residents cannot get driver’s licenses or IDs in Georgia.” I regret the error. dak

Updated jan 5, 2022 to expand stated number of illegal aliens with SSNs.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Filed Under: Immigration Research Archives

GA Senate study committee recommends occupational licensing reciprocity – which eliminates existing immigration status check. Bill pending (SB 354) *Updated

January 28, 2024 By D.A. King

 

 

Republicans should watch Lt. Governor Burt Jones

  • Update: March 31, 2024: Despite my “heads up” warnings to various key Republican House members (including two written explanations to House Regulated Industries committee Chairman Alan Powell) SB 354 from Sen. Larry Walker passed the House on March 26 with a minor change. Only two Republicans voted “no” – congrats and many thanks to Rep Kimberly New and Rep Sharon Cooper for resisting the pressure from the Georgia Chamber of Commerce. Sen. Walker’s bill then breezed through the Senate again with an “agree” vote on the last day of the 2024 session. Note: That happened despite my early AM “…you have a second chance to stop a bad bill…” text exchange with Lt. Gov. Burt Jones before the legislative day began. All vote records here.
  • Update: January 30, 2024: SB 354 passed in the Georgia Senate the morning of January 29, while we were calling and emailing to stop it. Number of Republican members who voted against it: zero.

 

Georgia should “…move to universal recognition (reciprocity) of out-of-state licenses.” That is the recommendation of the Senate Study Committee on Occupational Licensing chaired by Senator Larry Walker (R- Perry) after finishing several months of hearing pleas from special interest lobbyists for a reduction in the time it takes to process new occupational licenses. The recommendation says “where reasonable.”

Sen. Larry Walker (R- Perry) lead sponsor of SB 354 & SR 85.

Walker’s study committee was created by the Walker-sponsored Senate Resolution 85 which passed in the Senate Chamber last session with only a single “no” vote. Interestingly, that vote against passage of the resolution came from Sen. Blake Tillery (R- Vidalia) who was also one of  the many Republican cosponsors of the measure.

Walker’s resolution described Georgia’s current occupational licensing requirements as “onerous” and “burdensome.” Including this one, Capitol insiders who have watched the growing power of the partnership between the business lobby and the refugee, illegal alien industry see the obvious input from Darlene Lynch (she/her), her fellow leftist associates at the “BIG Partnership” and the Georgia Chamber of Commerce in Walker’s effort.

  • Related reading: The Georgia Chamber and DEI.

Readers can see the recommendation in the committee’s final report (item 9). We warned Senate legislators about exactly this after the Walker/Lynch resolution dropped last March. 

Backed by the dollar-first business lobby, the aforementioned Lynch has pushed for allowing foreigners to be certified law enforcement officers in Georgia and for dismantling the state’s system of verifying “lawful presence” of applicants for occupational and professional licenses for years under the Gold Dome.

  • Darlene Lynch – related reading from 2021: Study Committee on Innovative Ways to Maximize Global Talent (including foreign cops) excludes pro-American worker voices  

Senate Bill 354 dismantles existing law on verification of lawful presence for covered workers

Walker is also the sponsor of SB 354 which passed out of the Senate Regulated Industries and Utilities committee on January 24th – a super-speedy two-days after first reading in the Senate chamber. Walker and his cosponsors are moving ahead with changing state law so that various workers related to cosmetology and barbers would no longer go through the occupational licensing process – which means they would no longer go through the verification of lawful presence procedure in OCGA 50-36-1. This bill should be viewed as a test case from Walker and the special interest lobby before moving on to electricians and carpenter trades etc.

Not many Georgians are going to notice a rushed-up, quiet change in state law that only applies to entry level workers who shampoo hair. But many of the millions of illegal aliens being waved through at our southern border will get wind of this new attitude and policy before the end of the 2024 legislative session. It’s a perfect example of “if you build it, they will come.”

One has only to imagine the condition of a “New Georgia” of only a few years in the future if we allow Democrats in California, New York and Illinois to decide who can go to work in Georgia.

Then-state Senator Burt Jones speaks at a Trump rally, 2020.
  • Related reading from James Magazine Online: Illegal immigration & Jones’ Red Tape Roll Back Initiative

Lt. Governor Burt Jones and the “MAGA” crowd

Republicans watching to see which GOP candidates for the 2026 gubernatorial race are on the pro-enforcement side of the contest between Joe Biden and the constitution on the invasion at the southern border should keep an eye on Lt. Governor Burt Jones. Will he allow Walker & Co.’s SB 354 and anti-enforcement bills like it to see final passage in the Senate? Update, March 31, 2024: The answer is “yes.”

No matter who Jones supports in the presidential race, dismantling the verification of lawful presence system for any workers in Georgia would be a memorable campaign detail for primary opposition two years from now.

Nobody paying attention at the Capitol doesn’t understand that Gov. Kemp would run, not walk, to sign a bill like Walker’s occupational license reciprocity legislation.

 

 

#SB354, #BurtJones, #DarleneLynch, #LarryWalker

 

 

 

 

 

 

Filed Under: Recent Posts Achrives

Illegal aliens on an oversight committee? Georgia’s pending ‘school choice’ bill needs more work SB 233

January 6, 2024 By D.A. King

Georgia House Chamber – photo, AJC.

 

“The bill defines “parents” as “a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a student.”

It took several years of work from pro-enforcement advocates, but Georgia’s pending “school choice” bill, SB 233 (LC 49 1473S) excludes illegal alien students. See lines 82 & 83. Because it is intentionally cryptic, we posted an easy to understand explanation elsewhere for curious readers.

School choice is a solid conservative idea if done responsibly – but the current version still doesn’t fit that description. Not for the first time, we note that SB 233 contains no exclusion for illegal alien “parents.” This writer predicts this easily remedied fact will be a significant problem for bill sponsors and Gov. Kemp when trusting GOP voters are educated on the details of the legislation.

Ga. Gov. Brain Kemp.

The bill defines “parents” (on lines 37 & 38) as “a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a student.” It makes the parent the applicant for the student to access the taxpayer funded “Promise Scholarship” benefit (see line 105).

Federal statistics reveal that over 300,000 illegal “migrants” entered the U.S last month (Dec. 2023) – more than the population of Savannah, Marietta and Warner Robins combined. Legislators ignore this reality at their political peril.

Hardworking Georgians will likely not take kindly to a GOP-pushed law that allows any illegals to apply for a discretionary taxpayer-funded benefit – including private school tuition.

  • Related: Estimates are that 400,000 illegal aliens called Georgia home in 2018

The same taxpayers may have a strong objection to a law that names any illegally present “parent” as the “recognized recipient” of state funds for private school tuition as laid out in lines 126-129: “Any account funds directed to a participating school or service provider are so directed on behalf of the participating student’s parent, the recognized recipient of such participating student’s account funds, and wholly as a result of the genuine and independent private choice of the parent.”

More, from lines 208-211: “The commission shall develop a system for parents to direct account funds to participating schools and service providers by electronic funds transfer, automated clearing-house transfer, or another system that the commission finds to be commercially viable, cost-effective, and easy for parents of participating students to use.”

S. Greg Dolezal (R- Alpharetta), lead sponsor, SB 233.

Lines 211- 214 create a scenario in which the state of Georgia could easily be in the position of sending tax dollars directly to illegal alien “parents” to reimburse them for out-of-pocket expenses and/or “certain qualified education expenses.”

It doesn’t take much imagination to realize that most conservative voters aren’t going to sit quietly while a law is put in place that would allow illegal aliens to serve on a school choice oversight committee either. But SB 233 does exactly that. “Parents” would serve on a parental review committee that would oversee eligible expenses for school choice benefits – see lines 238-240: “To assist in the determination of whether certain expenses meet the requirements to be considered a qualified education expense under this chapter, a parent review committee shall be established.”

And this from lines & 253-254: “The commission may request the (parent review) committee to determine whether an expenditure of account funds from an account qualifies as a qualified education expense under this chapter.”

Rep. Todd Jones (R- Cumming) House sponsor, SB 233.

More on parents’ participation: “(line 48) Qualified education expenses’ means any one or more of the following: … “Other expenses authorized by the State Board of Education or the commission; or Individual education expenses authorized by a majority of the parent review committee provided for in Code Section 20-2B-6 (lines 64-66).”

There are several commonsense solutions to all this. It seems that the simplest is to insert language into the bill that designates the “Promise Scholarship” school choice benefit as a “state grant.” That should require the applicant – the “parent” – to complete the “verification of lawful presence” process that is already in OCGA 50-36-1. Shorter: It would exclude illegal alien parents – if the law was enforced.

It is noteworthy that several inquiries have reportedly already been made to the Attorney General’s office asking if the school choice scholarship would be a state grant in the bill as is. I understand that the AG has informed more than one state legislator that the question would not be answered on a pending bill.

  • A version of the above oped was originally posted on the subscription outlet James Magazine Online on January 5, 2024.

D.A. King is president of the Dustin Inman Society and proprietor of ImmigrationPoliticsGA.com

Filed Under: Recent Posts Achrives

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