Information

Illegal Immigration & Enforcement Act of 2011

Enforcement Explained
By Jeremy Redmon
The Atlanta Journal-Constitution
A federal judge in Atlanta on Monday put parts of Georgia's law on hold pending the outcome of a lawsuit challenging the law's constitutionality, but he left the following parts of the law intact. They take effect on different dates.

July 1 -People who use fake identification to get a job in Georgia could face up to 15 years in prison and up to $250,000 in fines.
-A seven-member Immigration Enforcement Review Board will be established to investigate complaints about local and state government officials who violate state Immigration-related laws.
-Government officials who violate state laws requiring cities, counties and state government agencies to use E-Verify could face fines up to $10,000 and removal from office.
-The state Agriculture Department will be directed to study the possibility of creating Georgia's own guest-worker program.  Some Georgia employers have complained the federal government's guest-worker program is too burdensome and expensive.

Jan. 1
-State and local government agencies must start requiring people who apply for public benefits - such as food stamps, housing assistance and business licenses - to provide at least one "secure and verifiable" document, which could be a state or federally issued form of identification.  Consular matriculation cards will not to accepted.  The state attorney general's office would be required to post a list of acceptable documents on its website by August 1.

Phased in
-Georgia businesses will be required to use the federal E-Verify program to determine whether their new hires are eligiable to work legally in the United States.  Businesses with 500 or more employees must start complying with this provision Jan. 1.  Businesses with 100 or more employees but fewer than 500 must start complying with this provision July 1, 2012.  This requirement would apply to businesses with between 11 and 99 employees starting July 1, 2013.  Businesses with 10 or fewer employees are exempt.

Some of the major components of the bill include:

• HB 87 becomes law on July 1, 2011
• Requires all employers with 10 or more employees to use E-Verify.
(Employers with 500 employees or more are required to utilize E-Verify effective January 1, 2012)
(Employers with 100 employees or more but less than 500 are required to utilize E-Verify effective July 1, 2012)
(Employers with 10 employees or more but less than 100 are required to utilize E-Verify effective July 1, 2013)
• To renew a business license, an affidavit must be signed indicating that the employer is using E-Verify
• Gives businesses 30 days to correct any “good faith” violations before they face penalties for not complying with the E-Verify requirement.
• Punishes people who use fake identification to get a job in Georgia with up to 15 years in prison and up to $250,000 in fines.
• Establishes a seven-member Immigration Enforcement Review Board to investigate complaints about local and state government officials not enforcing state immigration-related laws.
• Directs the state Agriculture Department to study the possibility of creating Georgia’s own guest worker program. Some Georgia employers have complained the federal government’s guest worker program is too burdensome and expensive.