AJC – Governor, Georgia Farm Bureau weigh in on immigration legislation

http://www.ajc.com/news/georgia-politics-elections/governor-georgia-farm-bureau-831515.html

Georgia Politics 5:27 p.m. Tuesday, February 8, 2011
By Jeremy Redmon

The Atlanta Journal-Constitution

Gov. Nathan Deal on Tuesday sounded some notes of caution as he commented for the first time on the Legislature’s efforts to crack down on illegal immigration, saying he doesn’t want Georgia to create any “undue burden” on employers.

Brant Sanderlin, AJC State Rep. Matt Ramsey R- Peachtree City speaks during the House Judiciary Non-Civil Committee meeting Tuesday February 8, 2011. The committee heard comments from the public on House Bill 87 aimed at illegal immigration, which was introduced by Ramsey.

Also Tuesday, the head of the Georgia Farm Bureau warned against passing legislation that would scare immigrant workers away from Georgia. The state’s $68.8 billion agricultural industry depends heavily on migrant labor.

And in a related development, a state legislative panel on Tuesday morning heard from more than a dozen speakers during a 2 ½-hour-long hearing on immigration-related legislation now pending in the Statehouse. Some of the speakers argued Georgia needs to toughen its laws against illegal immigrants, worrying they could take jobs away from state residents amid high unemployment in Georgia.

Speaking briefly to reporters Tuesday, Deal said he has heard questions about the reliability and accuracy of a federal work authorization program called E-Verify, which would be required for many private employers under some of the pending legislation. The program seeks to verify that newly hired employees are eligible to work in the United States.

Deal said he has not taken a position on either Senate Bill 40 or House Bill 87, both of which are similar to Arizona’s tough new law aimed at illegal immigration. And while Deal campaigned last year on bringing an Arizona-style law here, he suggested Tuesday that Georgia has limits on what it can do.

“What we have to be mindful of as we go through a state legislative process is that we do what is within the power of the state to do,” Deal said, “and to try to facilitate those who are trying to abide by the law and not become an undue burden on those who are trying to do what is right.”

Deal said he would investigate concerns he has heard about E-Verify and meet with the authors of the state legislation. At the same time, Deal indicated he did not favor exempting certain industries from a requirement to use E-Verify. Senate Bill 40 includes exemptions for farmers and other employers who participate in federal guest worker programs.

“Well, I would hope we could come to some conclusion that would avoid that carving out of anybody in any particular category,” Deal said.

Deal took questions from reporters about the legislation moments after speaking at a Georgia Farm Bureau luncheon. At that luncheon, the head of the Georgia Farm Bureau forcefully declared that enforcement of immigration laws is a “responsibility of the federal government.”

“Our concern with Georgia immigration legislation stems from the fact that legal immigrants might be fearful to work in Georgia if the state seems to be anti-immigrant,” said Georgia Farm Bureau President Zippy Duvall, whose organization represents 400,000 families. “If immigrant labor were to avoid the state of Georgia, there would be major economic consequences within large sectors of agriculture.”

Duvall later told reporters his organization has not taken a position on HB 87 or SB 40. But he said E-Verify “is not as simple as everybody says it is … I challenge everyone to go study that and see how simple they think it would be if you are a farmer working 16 hours a day and you still have to abide by that.”

Earlier Tuesday, the House Judicial Non-Civil Committee heard from immigrant rights groups, Georgia industries, religious leaders, immigration watchdogs and other activists during its second hearing on HB 87. The panel has scheduled a third hearing for 9:30 a.m. Friday.

Several speakers at the hearing Tuesday criticized HB 87, arguing it is unconstitutional and that it could scare away tourists and damage the state’s economy. Others spoke in favor of boosting enforcement against illegal immigration and argued concerns about E-Verify are overblown.

“They are illegally here in our state and have no rights to obtain social government handout programs or to take jobs away from Georgia citizens who are unemployed and cannot find work,” said Bill Hudson, a member of the Georgia Tea Party’s board of directors. “There should be stiff penalties for employers in Georgia for hiring these illegal aliens.”

During the hearing, a few of the bill’s sponsors bristled when they heard the legislation compared to Arizona’s law. The Obama administration sued to block portions of Arizona’s law last year. A federal judge ruled in favor of the administration, halting several key provisions of the law. Arizona is appealing that judge’s decision.

Rep. Matt Ramsey, the author of Georgia’s HB 87, said he studied the laws of several states when he crafted his bill.

“There certainly are provisions that are similar to what was in the Arizona bill,” Ramsey said, “but if you look at a cross section of what other states have done, there are elements of each of those.”

Latin American Association (LAA) – Media Release: The Latin American Association Opposes House Bill 72

LAA Press Release

To: ALL MEDIA

DATE: Feb. 8, 2010

FROM: Sarah Marske, LAA Communications and Public Relations Manager

TEL: 404-471-1892                                    Email: smarske@thelaa.org

The Latin American Association Opposes House Bill 72

ATLANTA (Jan. 14, 2010) – Some 60,000 legally admitted residents and US citizens take the driver’s license exam in a language other than English each year in Georgia. In order to be granted a driver’s license, these individuals must fulfill the main goal of the Department of Driver Services:  demonstrate that they fully understand driver responsibility, knowledge of laws and safe driving practices. These individuals also must demonstrate sufficient English to pass the street sign test and the driving test which are alwa! ys admin istered in English.

Acquiring a second language as an adult is a slow process. Many experts estimate 600 to 2000 hours of study to become proficient in a language. Adults who are working, caring for families, or studying may take a couple of years of night classes before they are proficient. In the meantime, they must still drive to work, take their children to the doctor, shop for groceries, and go to class.

The state itself is in conflict. At the same time that legislators are proposing House Bill 72 which would impact those who are learning English, the Georgia Department of Economic Development is actively seeking international companies to invest and relocate to Georgia. We must be clear:  if we are to be successful in attracting international companies and investment, Georgia must have policies that support and welcome international employees, their families and students.

The Latin American Association (LAA) is a nonprofit organization that helps Latino families and individuals transition successfully into their new community. The LAA offers English language classes mornings, evenings, and weekends. Last year, 2,004 adults attended our classes. The majority of these students study at night after a full day’s work and arrive home after 9 pm. They are learning English. Let’s support them while they do.

###

About The Latin American Association:
The Latin American Association helps Latino families achieve their aspirations for academic, social and economic advancement. We accomplish this through direct programs and integrated community partnerships that focus on youth academic achievement, education and prevention, and services to families with urg! ent need s. The LAA offers employment, immigration and translation services, as well as programs for youth, computer classes, parenting classes, and English and Spanish language classes.  Visit www.thelaa.org for more information.

Connect Savannah – The Arizona Syndrome

http://www.connectsavannah.com/news/article/103659/

Will efforts to curb illegal immigration in Georgia cause more problems than they solve?

• By Patrick Rodgers
• patrick@connectsavannah.com

More by Patrick Rodgers

Last spring, the state of Arizona took center stage in the national debate on immigration reform, a drama that culminated with Arizona Governor Jan Brewer signing SB 1070 into law last April.

It prompted heated debate; viewed by some as a necessary step toward reducing illegal immigration and by others as a legislative endorsement of racial profiling.

This year it could be Georgia’s turn in the spotlight.

Two weeks ago, Rep. Matt Ramsey introduced HB 87, the “Illegal Immigration Reform and Enforcement Act of 2011,” which is working its way through committee level discussions before being sent for a vote.

Currently, the bill contains very similar language to the most volatile aspects of Arizona’s law.

Although changes are likely to be made during the process, there are concerns being raised by an array of organizations in the state about the impacts the legislation could have.

Effect on the economy

The issue of immigration is often framed by economic arguments: the theft of jobs, decreasing wages, drained public coffers. Those are the costs of illegal immigration, according to supporters of reform.

“Though long ignored by Washington, Georgia literally cannot afford to ignore the economic burden created by our unsecure borders,” said Ramsey in the press release announcing the new legislation. We contacted Ramsey for additional comment, but he could not be reached.

Aspects of HB 87 could have a profound affect on Georgia businesses.

If the bill were to pass today, any business in the state with more than five employees would have to show proof that they were using the federal e–Verify system to ensure all employees are legally in the country. Failure to adopt the system would render them unable to renew their business license the following year.

“In today’s economy, we can’t afford to be burdensome to small business,” counters Trip Tollison, vice President of the Savannah Chamber of Commerce.

Although the Chamber has yet to formally support or oppose the legislation — a decision that is as clear a barometer for the sentiments of the business community as can be found — there are concerns about the requirements it would place on businesses.

“We’re concerned this legislation ties the economic growth of Georgia’s farms and businesses, including our ability to hire employees, to a system that the state of Georgia has no control is a over,” says Charles Hall, Executive Director of the Georgia Fruit and Vegetable Growers Association. “The feds can change e–verify at anytime.”

But the effects on business, particularly locally, could run far deeper than protocol for employee screenings: The negative publicity stemming from potential national media attention could have a chilling effect on tourism as well.

In the wake of Arizona’s contentious battle over immigration, the impact on tourism, and particularly conventions, was almost immediate. In July 2010, City of Phoenix staff estimated a loss of $90 million in visitors and conventions following the media frenzy.

Although that figure has been revised as the dust has settled, the Hotel and Lodging Association still figures on a loss near $15 million in Arizona.

Law enforcement’s take

“We have a few concerns,” says Lamar Norton, The Georgia Municipal Association’s Director of Governmental Affairs in a statement issued after the HB 87 was announced. Those concerns include “unnecessary mandates,” and a “potential litigation nightmare.”

The legislation would allow any state resident over the age of 21 to sue any agency, organization or individual for perceived failure to comply with the law’s mandates.

Cases would be filed in Superior Court and penalties awarded would be turned over to law enforcement within the court’s jurisdiction to fund additional training.

The law enforcement community has some reservations about the legislation in its current form as well.

In 2008, the Georgia Association of Chiefs of Police (GACP) released a white paper on their position on immigration issues after holding a forum with community and business leaders.

Their decision was that “each individual community has to decide how they want to enforce immigration statutes,” explains Frank V. Rotondo, Executive Director of the GACP.

Although Rotondo acknowledged the stance might sound “wishy washy,” there is a rationale behind it. Because undocumented populations vary widely across the state, local law enforcement requires some ability to deal with situations on a case-by-case basis.

The concern is that if law enforcement is viewed as an adversary rather than an ally, crimes will go unreported or witnesses will refuse to come forward with information.

HB 87 contains some language that exempts witnesses of crimes from investigation of immigration status, but that is unlikely to correct the issue.

“It’s a nice statement to make,” says Rotondo, “but I don’t know how effective it is in the real world.”
Rotondo said he has submitted comments and suggestions, at Ramsey’s request, to correct some of the potential issues for law enforcement agencies.

The Hispanic community

“It’s structured in a way where police officers will be able to find probable cause based on their perceptions and cognitive stereotypes,” says Melody Rodriguez, who heads the Hispanic Outreach and Leadership program at Armstrong Atlantic State University. “This is a great opportunity for racial profiling.”

For Rodriguez and the students she works with, the legislation could mean false imprisonment if they don’t happen to have identification on hand.

Officers “shall have the power to arrest, with probable cause, any person suspected of being an illegal alien,” and can take “a suspected illegal alien to a federal facility in this state or to any other temporary point of detention,” states HB 87.
If officers were to mistakenly arrest and detain a legal citizen, there would be no legal recourse because the law provides officers with “immunity from damages or liability.”

According to a study by the Pew Hispanic Center, 32 percent of Hispanics in the country said they or someone they know has been discriminated against because of their ethnicity.

And that was in 2009, before Arizona’s SB 1070.

Ramsey’s announcement doesn’t shy away from blaming undocumented workers for the state’s most pressing issues:
“We continue to see huge reductions to every segment of our state budget, meaning state services are stretched thinner than ever before. School classrooms are more crowded, our healthcare system is at its limits, transportation infrastructure is overburdened and our law enforcement community is working feverishly to do more work with fewer resources. It would be patently irresponsible not to address the issues posed by Georgia’s estimated 400,000– plus illegal aliens.”

Rodriguez would like to see state legislators taking proactive steps to improve the business climate in the state rather than imposing draconian measures as a part of a blame game for the state’s economic woes.

“These folks should be building jobs in Georgia and taking care of our economy by attracting businesses and foreign investors to Georgia to do some great things,” Rodriguez says.

“This law does the complete opposite. It makes us look ridiculous and unprepared in a globalized economy.”

Necessity & effectiveness

The issue of immigration has been simmering in Georgia for several years, and this isn’t the first piece of reform legislation pondered by the General Assembly.

In 2007, former Governor Sonny Perdue signed SB 529 into law, known as the “Georgia Security and Immigration Compliance Act.”

That law required all public employers to participate in the federal work authorization program (e–Verify), and created a new code section (42–4–14) that required jails to determine the nationality of anyone jailed for a felony, DUI or driving without a license.

Additionally, there’s a federal statute, known as 287(g) that gives state and local officers the authority, under an agreement with the federal government, to enforce federal immigration law.

The Cobb County Sheriff’s Office has had a 287(g) agreement in place since 2007, and the Gwinnett County Sheriff has had it in place since 2009.

Because existing laws would seem to provide sufficient authority to enforce immigration laws without potentially harassing law-abiding citizens, the extra measures in HB 87 seem unnecessary and hypocritical to Rodriguez.

“They have the capacity in this state to call immigration and raid every single poultry plant and every single farm in Georgia,” she says.

“Why don’t they do that? Because there are folks that pay for their campaigns that own farms that employ undocumented labor.”

To comment email us at letters@connectsavannah.com