Signed by Governor Nathan Deal

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that requires businesses and law enforcement officers to verify the legal status of employees and those lawfully stopped.

Highlights:

• Requires every employer, including, but not limited to, every municipality and county, to register and participate in the federal work authorization program, and to verify employment eligibility of all newly hired employees (Sec. 3).

• Prohibits a contractor from entering into any contract with a public employer for the physical performance of services unless the contractor registers and participates in the federal work authorization program (Sec. 3).

• Establishes that an individual commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment (Sec. 4).

• Specifies that a person is guilty of a misdemeanor for a first offense of transporting or moving seven or fewer undocumented immigrants at the same time (Sec. 7).

• Specifies that a person convicted on a second or subsequent offense, or for transporting more than 8 undocumented immigrants at the same time, shall be guilty of a felony (Sec. 7).

• Authorizes an officer investigating a criminal suspect to seek to verify that suspect's immigration status if they are unable to provide one of the following (Sec. 8):
• A secure and verifiable document;
• A valid Georgia driver's license;
• A valid Georgia ID card issued by the Department of Driver Services;
• Any valid driver's license from a state or district of the U.S. or any valid ID document issued by the U.S. federal government; or
• Any other information as to the suspect's identity that is sufficient to allow the peace officer to independently identify the suspect.

• Prohibits a peace officer from considering race, color, or national origin in implementing the requirements of this law except to the extent permitted by the Constitutions of Georgia and the United States (Sec. 8).

• Requires every private employer with more than 10 employees to register with and utilize the federal work authorization program, and for the following categories, comply by the following dates (Sec. 12):
• Employers with 10 or more employees but fewer than 100 to comply by July 1, 2013;
• Employers with 100 or more employees but less than 500 to comply by July 1, 2012; and
• Employers with 500 or more employees to comply by January 1, 2012.

• Prohibits any county or municipal corporation from issuing or renewing a business license, occupational tax certificate, or other document required to operate a business to any person, unless he or she provides evidence that they are authorized to use the federal work authorization program (Sec. 12).

• Specifies that when any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States (Sec. 13).

• Establishes the Immigration Enforcement Review Board which consists of 7 members as follows (Sec. 20):
• 3 members appointed by the governor;
• 2 members appointed by the Lieutenant Governor; and
• 2 members appointed by the Speaker of the House of Representatives.

• Specifies that all members of the Review Board shall serve 2 year terms (Sec. 20).

• Requires the Immigration Enforcement Review Board to (Sec. 20):
• Conduct a review or investigation of any complaint properly filed with the board;
• Take such remedial action deemed appropriate in response to complaints filed with the board, including holding hearings and considering evidence;
• Make and adopt rules and regulations consistent with new provisions; and
• Subpoena relevant documents and witnesses and to play witnesses under oath for the provision of testimony in matters before the board.

Full Bill Text

Vote Smart's Synopsis:

Vote concur with House amendments and adopt additional amendments to a bill that requires businesses and law enforcement officers to verify the legal status of employees and those lawfully stopped.

Highlights:

• Requires every employer, including, but not limited to, every municipality and county, to register and participate in the federal work authorization program, and to verify employment eligibility of all newly hired employees (Sec. 3).

• Prohibits a contractor from entering into any contract with a public employer for the physical performance of services unless the contractor registers and participates in the federal work authorization program (Sec. 3).

• Establishes that an individual commits the offense of aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fictitious identifying information concerning a real, fictitious, or deceased person with intent to use such counterfeit or fictitious identifying information for the purpose of obtaining employment (Sec. 4).

• Specifies that a person is guilty of a misdemeanor for a first offense of transporting or moving seven or fewer undocumented immigrants at the same time (Sec. 7).

• Specifies that a person convicted on a second or subsequent offense, or for transporting more than 8 undocumented immigrants at the same time, shall be guilty of a felony (Sec. 7).

• Authorizes an officer investigating a criminal suspect to seek to verify that suspect's immigration status if they are unable to provide one of the following (Sec. 8):
• A secure and verifiable document;
• A valid Georgia driver's license;
• A valid Georgia ID card issued by the Department of Driver Services;
• Any valid driver's license from a state or district of the U.S. or any valid ID document issued by the U.S. federal government; or
• Any other information as to the suspect's identity that is sufficient to allow the peace officer to independently identify the suspect.

• Prohibits a peace officer from considering race, color, or national origin in implementing the requirements of this law except to the extent permitted by the Constitutions of Georgia and the United States (Sec. 8).

• Requires every private employer with more than 10 employees to register with and utilize the federal work authorization program, and for the following categories, comply by the following dates (Sec. 12):
• Employers with 10 or more employees but fewer than 100 to comply by July 1, 2013;
• Employers with 100 or more employees but less than 500 to comply by July 1, 2012; and
• Employers with 500 or more employees to comply by January 1, 2012.

• Prohibits any county or municipal corporation from issuing or renewing a business license, occupational tax certificate, or other document required to operate a business to any person, unless he or she provides evidence that they are authorized to use the federal work authorization program (Sec. 12).

• Specifies that when any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States (Sec. 13).

• Establishes the Immigration Enforcement Review Board which consists of 7 members as follows (Sec. 20):
• 3 members appointed by the governor;
• 2 members appointed by the Lieutenant Governor; and
• 2 members appointed by the Speaker of the House of Representatives.

• Specifies that all members of the Review Board shall serve 2 year terms (Sec. 20).

• Requires the Immigration Enforcement Review Board to (Sec. 20):
• Conduct a review or investigation of any complaint properly filed with the board;
• Take such remedial action deemed appropriate in response to complaints filed with the board, including holding hearings and considering evidence;
• Make and adopt rules and regulations consistent with new provisions; and
• Subpoena relevant documents and witnesses and to play witnesses under oath for the provision of testimony in matters before the board.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes local police to verify the immigration status of anyone stopped for a crime.

Highlights:

• Authorizes any legal resident at least 21 years old to file a civil lawsuit against any official or agency of Georgia for hiring a person with illegal immigration status (Sec. 2).

• Specifies that a person commits aggravated identity fraud when he or she willfully and fraudulently uses any counterfeit or fake information from real, fictitious, or deceased persons with intent to use the information to obtain employment (Sec. 7).

• Authorizes a peace officer to seek to verify a suspect's immigration status when the officer has probable cause that a suspect has committed a crime and has failed to provide the officer with one of the following (Sec. 11):
• A secure and verifiable document;
• A valid Georgia driver's license;
• A valid Georgia identification card issued by the Department of Driver Services;
• Any valid driver's license from a state or district of the United States or any valid identification document issued by the U.S. federal government; or
• Other sufficient information as to the suspect's identity.

• Prohibits a peace officer from using race, color, or national origin while identifying the immigration status of a suspect (Sec. 11).

• Authorizes that if a state or local law enforcement officer has verification that a person is an undocumented immigrant then such officer shall be authorized to securely transport such person to a federal facility in this state or to any other temporary point of detention and to reasonably detain such undocumented immigrant when authorized by federal law (Sec. 12).

• Authorizes state or local law enforcement officers to arrest any person based on the status as an undocumented immigrant or for a violation of any federal immigration law (Sec. 12)

• Requires every private employer with 5 or more employees to register with and use the federal employment eligibility verification system to check the immigration status of newly hired employees by July 1, 2012 (Sec. 17).

• Requires every private employer with 100 or more employees to register with and use the federal employment eligibility verification system to check the immigration status newly hired employees by December 31, 2012 (Sec. 17).

• Requires that a business provide evidence that it is authorized to use the federal employment verification system before a license can be renewed (Sec. 17).

• Establishes act shall become effective on July 1, 2011 (Sec. 21).

Full Bill Text