Since 2007, Georgia has mandated that counties comply with several state and federal immigration laws. These requirements have been significantly expanded over the years, most recently with the passage of HB 87 during the 2011 legislative session which added new reporting and penalty provisions.
Counties are required to register for and use the federal verification programs E-Verify and SAVE, utilize and retain the required affidavits, submit annual reports and accept only secure and verifiable documents for purposes of proving identification. Failure to comply with these requirements may result in penalties including loss of qualified government status, monetary fines, removal from office and even jail time.
To assist with these requirements, ACCG has compiled a number of resources for counties to use in order to stay compliant. ACCG also recommends consulting with your county attorney on issues that may arise from these requirements.
Main Legal Authority
O.C.G.A. § 13-10-90,91
O.C.G.A. § 36-60-6
O.C.G.A. § 50-36-1 through 50-36-3
8 U.S.C. Section 1621
8 U.S.C. Section 1611
Reporting Requirements
Counties are required to submit three separate immigration reports annually. The E-Verify Compliance Report must be submitted to the Department of Audits each year by December 31st beginning in 2011. This report will include the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer.
E-Verify Compliance Reporting for the Department of Audits [Submit by December 31, 2011]
The Occupation Tax Certificate Report must be submitted to the Department of Audits each year by December 31st beginning in 2012. This annual report will include each license or certificate issued by the county in the previous 12 months including the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the Private Employer E-Verify Affidavit.
Occupation Tax Certificate (Business License) Reporting for the Department of Audits [Submit by December 31, 2012]
The Public Benefits Report must be submitted to the Department of Community Affairs each year by January 1st. This report will identify any public benefits administered by the county and a listing of each public benefit for which SAVE authorization for verification has not been received.
Public Benefits
Georgia counties are required to verify the status of anyone who applies for a public benefit through the county. The benefit may be paid through federal, state or local funds or be administered through a federal, state or local program. Benefits are defined by state statute, O.C.G.A. § 50-36-1, by federal statute, 8 U.S.C. 1611 and 8 U.S.C. 1621, and by the Office of the Attorney General. ACCG in partnership with GMA also created a list of common benefits that counties and cities may have. These benefits are listed as part of the ACCG-GMA checklist that are provided to DHS as part of the SAVE registration.
Required Affidavits
There are several affidavits that counties will need to use in order to stay in compliance with Georgia immigration requirements.
E-Verify Affidavits
Counties that enter into a contract for the physical performance of services with a contractor must require the contractor to sign and submit an E-Verify Contractor Affidavit. The Attorney General's Office has advised state agencies that this requirement should be applied to contracts for public works and the maintenance, operation and repair of buildings or structures. Please see their memo to the Department of Audits. If that contractor hires subcontractors, then the contractor must require the subcontractor to sign and submit an E-Verify Subcontractor Affidavit to him or her. If the subcontractor hires sub-subcontractors, then the subcontractor must require the subcontractor to sign and submit an E-Verify Sub-Subcontractor Affidavit to him or her. The county is only responsible for the E-Verify Contractor Affidavit.
Private Employer E-Verify Affidavits
Beginning on January 1, 2012, private employers with more than 500 employees seeking an occupation tax certificate (business license) or any other document required to operate a business with the county will be required to register for and use E-Verify and to sign an E-Verify affidavit attesting to such. Private employers with more than 100 employees must be registered beginning on July 1, 2012 and employers with more than 10 employees must be registered beginning on July 1, 2013. If any employer has less than 11 employees, they are exempt from this requirement, but must complete an affidavit attesting that they are exempt.
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Affidavit for Private Employers (Developed by ACCG and GMA): ACCG and GMA have created a joint private employer and exemption affidavit for your use. There have been many questions about the affidavits that the Attorney General’s Office has prepared for this purpose. Please consult with your county attorney before using this version of the affidavit.
SAVE
Anyone seeking a public benefit from a county must first complete a SAVE affidavit. If the applicant is not a U.S. citizen, than the county is required to run them through the SAVE program to verify their status.
SAVE Affidavit
Approved Secured and Verifiable Identification Information
Beginning on January 1, 2012, any person seeking a public benefit or anything else through the county for which identification is required, must show a secure and verifiable document. These documents have been identified by the Office of the Attorney General. A county may not accept a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card for this purpose.
Important Websites
History of Georgia Immigration Law
Additional ACCG Immigration Resources
