Archive for April 13th, 2011

April 13, 2011

4/13 – ajc.com – Deal stays out of immigration fight, says he’ll sign Sunday sales bill  | ajc.com

Deal stays out of immigration fight, says he’ll sign Sunday sales bill  | ajc.com.

 

Georgia Politics 12:25 p.m. Wednesday, April 13, 2011

The Atlanta Journal-Constitution

Gov. Nathan Deal on Wednesday said that lawmakers struggling to adopt illegal immigration legislation are tackling an increasingly difficult subject, but he refrained from offering advice.

Deal, speaking to reporters at the Capitol after an economic development announcement, said immigration is a sticky wicket.

“It’s an issue that the public of Georgia expects us to deal with, even though we have one of the more comprehensive bills already in place as a result of the legislation several years ago,” Deal said.

The House on Tuesday rejected a Senate immigration plan for its own, more stringent version. The bill, House Bill 87, was sent back to the Senate, which failed to act on it before adjourning for the day. The General Assembly reconvenes Thursday for the final day of its 40-day session.

Deal said his staff has been “in consultation” with lawmakers, “but I view this as primarily a legislative responsibility. The difficulty they have encountered reflects the complexity of the issue, and certainly it’s a very multifaceted issue and a difficult one to come to logical conclusions that will be meaningful.”

The House version of the bill requires private businesses with more than 10 employees to use a federal work authorization program called E-Verify. The Senate stripped a similar provision out of the bill after nearly three hours of debate and several votes on amendments Monday evening.

On other issues, Deal said he has no timeline to sign Senate Bill 10, which would allow local governments to hold referendums on whether to allow the sale of alcohol in stores on Sundays. The bill received final approval in the House late Tuesday.

April 13, 2011

4/13 – ajc.com – A Republican photo finish on illegal immigration | Political Insider

A Republican photo finish on illegal immigration | Political Insider.

Next Monday is the official start for the shipping of Georgia’s Vidalia onion crop. Prospects for a high-quality season are good.

To some rural Republican members of the state Senate, that means a large number of hands, in the field and beyond, will be needed quickly and temporarily, through June. Hiring will often be done on the spot, in isolated places without Internet service.

To many suburban Republicans in the same chamber, illegal immigration in Georgia has become such a drag on taxpayers that a slight, inexpensive inconvenience — specifically, requiring all businesses to run hiring prospects through a federal database — is an absolute necessity.

If a crop can’t be brought in without a certified, legal labor force, then perhaps it should stay in the field, the hardest of the hardcore argue.

We have arrived at the end of the winter session of the Legislature. HB 87, a measure addressing illegal immigration and sponsored by state Rep. Matt Ramsey, R-Peachtree City, remains the last big issue on the table.

The bill is before the Senate. That chamber began its work in January, split by an internal Republican power struggle that descended into frat house-level confrontations.

The Senate will end its work with a more serious division — between Republicans whose constituents think of food as something you get from the grocery store, and Republicans whose voters think of food as something you send there.

Illegal immigration is the ultimate base-versus-business confrontation among Republicans, and has stretched across three months. But the final chapter began only Monday, when the Senate — in a first look at HB 87 — stripped the measure of its most aggressive features.

The work was done by an odd, impromptu coalition: The Democratic rookie Jason Carter of Decatur, who has taken to the family business of politics like a house afire, and Republican John Bulloch, a southwest Georgia farmer who — during this debate — has become the strongest agribusiness voice in the Legislature.

An amendment by Carter weakened law enforcement provisions by giving police the right to stop suspected illegal immigrants and those who harbor or transport them only when a possible felony is involved.

The move was backed by elements of the state’s hospitality industry, which is fearful of a tourist backlash against “driving-while-brown” arrests.

Bulloch sponsored the amendment that stripped away the requirement that businesses use E-Verify, the federal database that indicates whether hires are legal U.S. residents. He and others have described the service as flawed.

The changes were approved with head counts rather than recorded votes, shielding GOP senators from the wrath of illegal immigration activists.

The revised version of HB 87 passed on a 39-17 vote, and was sent back to the House. Which rejected the Senate changes, reinserted the tougher provisions, and lobbed the bill back to the Senate like the hot potato it is.

“We have been looking…at the result of what the Senate did, which I think really brings into question whether they are serious about immigration reform,” House Speaker David Ralston said.

When the Legislature reconvenes for the final time today, supporters of HB 87 will attempt to force the Senate to accept the tough portions restored by the House — ending the fight with a single, recorded vote.

But word late Wednesday was that HB 87 supporters were short of the votes necessary for majority passage. As many as a dozen of 36 Republicans are balking.

State Rep. Ross Tolleson, R-Perry, who cannot be described as anything but conservative, says HB 87 — as now written — threatens Georgia agriculture.

“A bill like that could do heavy damage to the state and the economy. It could criminalize your friends and neighbors,” he said.
Tolleson supports the move to remove the E-Verify requirement.

One reason: The U.S. Supreme Court is currently considering a challenge to a similar Arizona law. The case questions whether a state can require a private business to use a federal program. A decision is expected by the end of June.

Look for HB 87 to be pushed into a six-member, House-Senate conference committee. Four signatures and much compromise would be required for the bill’s survival. Plus a vote by both chambers during the rush of last-minute legislation.

Georgia business, whose campaign contributions fuel the Republican machine, would be perfectly satisfied to run out the clock. Which would infuriate the Republican base.

Gov. Nathan Deal on Wednesday said he was staying out of the negotiations, and would simply wait for the result — an entirely understandable approach, given the situation.

- By Jim Galloway, Political Insider

April 13, 2011

4/12 – WSB TV (Video) – House Votes For E-Verify In Immigration Reform – Video – WSB Atlanta

House Votes For E-Verify In Immigration Reform – Video – WSB Atlanta.

Please click to review video.   1:48min

April 13, 2011

4/13 – Media Release: Georgians to Stand Watch as Legislators Debate Arizona Copycat Legislation

Contact:  Kathrin Ivanovic (215) 776-1162
Xochitl Bervera (404) 861-0756

FOR IMMEDIATE RELEASE
April 13, 2011

Georgians to Stand Watch as Legislators Debate Arizona Copycat Legislation

Threat of jobs-killing, racial profiling bills passing in the 11th hour spurs vigil
In the final hours of the General Assembly, communities in opposition to Arizona-style legislation plan to gather on the steps of the State Capitol to urge elected officials to vote no on any anti-immigrant bill that will harm the state’s economy or reputation.

Opposition to HB 87 is growing. Over 23,000 petitions, representing concerned residents from across the state, were delivered to Gov. Deal, Lt. Gov. Casey Cagle and House Speaker David Ralston on Monday urging them to stop this legislation.  Earlier, 270 farmers and business leaders signed a letter in strong opposition to HB87 and SB40. National groups, including the National Day Laborers Organizing Network, the National Gay and Lesbian Task Force, and Michigan Welfare Right Organization, have signed on to boycott Georgia, similar to the boycott that has cost Arizona millions, should this legislation become law.

“This evening, we will be standing on the steps, waiting, and hoping that our elected officials will decide to not pass a draconian anti-immigration bill.  If these Arizona copycat bills become law, everyday Georgians will be mourning the loss of our economic strength and our moral compass,” said Adelina Nicholls of Georgia Latino Alliance for Human Rights. “Governor Deal and our legislators would be choosing the road that leads to the loss of thousands of jobs and millions of dollars.”

Key provisions of Arizona’s notorious SB 1070 were blocked by a federal court, a decision that was recently re-affirmed by a federal appellate court.  “Georgia lawmakers should heed the appellate court’s rebuke of Arizona’s racial profiling law and refrain from embroiling the state in costly litigation, at taxpayers’ expense.  Laws that promise to turn the state into “show me your papers” territory will not withstand legal challenge,” says Azadeh Shahshahani of the American Civil Liberties Union of Georgia.

Debate over this legislation is getting national attention.  Members of the Georgia immigrant rights community maintain that state-level solutions to immigration issues will not be effective.  “We clearly need to fix our broken immigration system at a federal level.  Individual states cannot solve this problem.  We call on Congress and the President to step up and offer a compassionate and reasonable humane solution,” says Kathrin Ivanovic of Southerners on New Ground

“Our experience in collecting over 23,000 signatures in less than two weeks, shows that Georgians know this will would be bad for our state,” says Lisa Adler of Amnesty International. “People were clamoring to sign.”

WHAT:           People’s Solidarity Gathering

WHERE:          Capitol Steps facing Washington Street, Atlanta, GA

WHEN:            Thursday April, 14th, 6:00 p.m.

WHO:              Business owners, concerned Georgia residents, members of the faith community, civil rights leaders, and members of immigrant rights and refugee rights communities.

English, Spanish, Persian and Chinese interviews available.

April 13, 2011

4/13 – ajc.com – Immigration law likely will spark litigation, job losses  | ajc.com

Immigration law likely will spark litigation, job losses  | ajc.com.

Opinion 6:09 p.m. Wednesday, April 13, 2011

The Georgia Legislature is seeking to enact immigration legislation that we believe will harm the state’s economy.

The bills the House and Senate are attempting to reconcile contain a provision that authorizes law enforcement officers investigating traffic offenses (among other criminal offenses) to seek to verify the suspect’s immigration status and, if determined to be an “illegal alien,” to place that individual in detention.

The House bill also includes a provision that creates a private cause of action, which would allow residents to sue Georgia state and local government for enforcement of certain immigration-related statutory provisions (with attorney fees being awarded to successful litigants).

The House bill also requires private employers (with more than five employees) to use the federal E-Verify system to check the employment eligibility of new hires. The rewritten version of HB 87 passed this week by the Georgia Senate removed this private employer E-Verify requirement. The Georgia House may or may not agree to this change to HB 87.

It is baffling to us why legislation is being promulgated that drastically will expand government regulation over private business and create additional costs for municipalities in these economic times. We are concerned that the mandated use of E-Verify would impose an undue regulatory burden on private employers, often leading to discrimination in hiring.

We also are concerned about Georgia funding local government enforcement of federal U.S. immigration laws, specifically when local law enforcement officers are not provided adequate training on the complexities of federal U.S. immigration law and when there is no budget for the training and enforcement.

Even if unintentional, such enforcement could result in “foreign”-looking individuals being subjected to heightened scrutiny by local law enforcement officers and to possible mistaken long-term detention.

Finally, as attorneys, we are concerned that the envisioned “citizen suits” will flood the courts of this state with private litigation, placing an added strain on our already overburdened judicial system and governmental agencies at taxpayer expense.

We have no doubt that passage of the described legislation will be as disastrous as similar legislation recently enacted in Arizona.

Foreign direct investment and international trade are critical to Georgia’s economy, as are the jobs created by investment and trade.

Since Arizona enacted its new immigration law, the state has paid hundreds of thousands of dollars in legal fees to defend the law’s legality. The state has also lost millions in revenues from lost tourism and convention business.

Georgia cannot afford to defend the lawsuits that will inevitably be filed against the state to stop implementation of this legislation, if enacted.

Georgia cannot afford the damage that this legislation will have on our tourism and convention industries.

Georgia cannot afford the loss of business, jobs and investment that necessarily will result from the passage of this legislation.

Teri A. Simmons directs the international and immigration practice group at Arnall Golden Gregory LLP, where Stephen Pocalyko also practices law.

April 13, 2011

4/13 – ajc.com (AP) – Ga. has 1 more day to tackle immigration bill  | ajc.com

Ga. has 1 more day to tackle immigration bill  | ajc.com.

National / World News 7:46 p.m. Wednesday, April 13, 2011

The Associated Press

ATLANTA — Georgia has a day left to pass an immigration bill that has some parts similar to Arizona’s contentious law.

FILE – In this April 5, 2011 file photo, illegal immigrant Virdiana Martinez, right, is comforted by activist Mohammad Abdollahi, before Martinez is arrested during a protest for rights for higher education for illegal immigrants that blocked traffic in Atlanta. Georgia lawmakers have one more day to push through a tough, Arizona-like immigration law, but opposition from farmers and business groups make it an uphill battle even with Republicans in control. (AP Photo/David Goldman, File)

FILE – In this April 5, 2011 file photo, illegal immigrant Virdiana Martinez, right, is comforted by activist Mohammad Abdollahi, as Major K. E. Williams, left, of the Atlanta Police Department warns her of arrest unless she moves while protesting for rights for higher education for illegal immigrants in Atlanta. Georgia lawmakers have one more day to push through a tough, Arizona-like immigration law, but opposition from farmers and business groups make it an uphill battle even with Republicans in control. (AP Photo/David Goldman, File)

FILE – In a Jan. 27, 2011 file photo, Sen. Jack Murphy, R-Cumming, right, author of one of two comprehensive immigration bills, speaks with Sen. Ronnie Chance, R-Tyrone, at the state Capital, in Atlanta. Georgia lawmakers have one more day to push through a tough, Arizona-like immigration law, but opposition from farmers and business groups make it an uphill battle even with Republicans in control. (AP Photo/David Goldman)

During months of public debate and private discussion, opposition from agriculture and business groups has made it an uphill battle even with Republicans in control.

A major sticking point is whether the law should force private employers to check the immigration status of new hires.

Other parts of the bill would let police check the immigration status of certain suspects and penalize people who transport or harbor illegal immigrants. That’s similar to language that has tied up Arizona’s law in the courts.

With the state’s budget sent to the governor, immigration is the last major issue remaining for legislators. Whether the bill will be watered down is up in the air.

April 13, 2011

4/13 – ajc.com – Fate of immigration bill left to session’s last day  | ajc.com

Fate of immigration bill left to session’s last day  | ajc.com.

 

Georgia Politics 5:54 p.m. Wednesday, April 13, 2011

The Atlanta Journal-Constitution

Lawmakers are poised to wrap up this year’s 40-day legislative session on Thursday debating one of their most politically divisive measures: House Bill 87.

About 200 demonstrators protested Georgia House Bill 87 outside the Capitol  on March 3.

Brant Sanderlin, AJC About 200 demonstrators protested Georgia House Bill 87 outside the Capitol on March 3.

Both supporters and opponents of the legislation predicted Wednesday the proposed Arizona-style crackdown on illegal immigration will pass in some form, but the question is how tough it will be.

House and Senate lawmakers were negotiating the details Wednesday. There are several sticking points, including whether to require many private businesses in Georgia to use a federal program called E-Verify to confirm their new hires are eligible to work in the United States.

The Senate stripped that requirement out of the bill Monday. The House put it back in Tuesday and sent the bill back to the Senate, where the legislation is now awaiting its fate.

“I would be surprised if it doesn’t pass,” said Republican Sen. Don Balfour, R-Snellville, who voted for a version of the bill passed by the Senate on Monday.

Sen. Curt Thompson, D-Tucker, who has vigorously fought the measure, also predicted some form of legislation will pass despite opposition from him and others in the Senate: “Betting money is that something passes because there is so much pressure.”

That pressure on lawmakers has come from both sides. While supporters of HB 87 say the state needs to act because the federal government has failed to secure the nation’s borders, business sectors, including Georgia’s farming, landscaping and restaurant industries, have been fighting the legislation. Some opponents have threatened to challenge the measure in court or help organize economic boycotts aimed at Georgia if the measure is enacted.

At the same time, divisions have opened up among Republicans and Democrats in the Senate over the legislation. Some Republicans want to pass a stringent crackdown on illegal immigration. But other more rural Republicans are worried the legislation could harm the state’s $68.8 billion agricultural industry, which relies heavily on migrant labor.

Meanwhile, Gov. Nathan Deal, who campaigned last year on curbing illegal immigration, is refraining from offering any advice to lawmakers struggling with the issue. Speaking to reporters at the Capitol on Wednesday, the Republican governor confirmed his staff has been “in consultation” with lawmakers, but he called the issue “primarily a legislative responsibility.” He has not yet taken a position on HB 87.

“The difficulty they have encountered reflects the complexity of the issue,” Deal said of the lawmakers, “and certainly it’s a very multifaceted issue and a difficult one to come to logical conclusions that will be meaningful.”

Like the legislation passed in Arizona last year, Georgia’s HB 87 would authorize police to check the immigration status of certain suspects. It also would punish people caught transporting or harboring illegal immigrants or using fake identification to get a job here.

Proponents of HB 87 complain illegal immigrants are burdening the state’s public schools, jails and hospitals. Opponents say the legislation is unconstitutional and would promote racial profiling, invite costly court challenges and damage the state’s economy.

The Senate is expected to take up HB 87 Thursday. A few options are on the table. Senators could approve the bill as is and send it to Deal for his signature. Or they could object to it and call for a conference committee that would hash out the differences between the two chambers. Or they could amend it and send it back to the House.

Staff writer Aaron Gould Sheinin contributed to this article.

April 13, 2011

4/13 – Charles Kuck – Musings on Immigration: Did Rep. Matt Ramsey Lie About HB 87, Again?

Musings on Immigration: Did Rep. Matt Ramsey Lie About HB 87, Again?.

Yesterday Matt Ramsey introduced yet another substitute for the Senate passed version of HB 87. His substitute eviscerated the work done by the Senate on this bill, which had ameliorated some of its more unconstitutional and illegal provisions, and eliminated the business destroying E-Verify requirement. In speaking to a reporter after his substitute passed the House, effectively without debate or even time to review his substitute, Rep. Ramsey said this:

“The Senate… took out many of the provisions that we worked very hard on as part of the comprehensive Immigration Reform Act of 2011,” Ramsey told the House moments before its vote. “They made some curious changes at best. What this amendment does is it restores the well-thought-out, well-reasoned legislation that we passed several weeks ago out of the House.”

What Rep. Ramsey did not tell the reporter is that more TWO DOZEN CHANGES to the original HB 87 are now in this bill, and none of them have had a public hearing! Perhaps the next question the reporters should ask Rep. Ramsey is “why did you lie to us about what is in your bill?”

Let’s take a look at some of the substantive changes Rep. Ramsey has made, again, to HB 87. I say again, because Rep. Ramsey did this same thing, and lied about it, two weeks ago, when he substituted a different version of HB 87 into the Senate passed SB 40 that his committee voted on. At that time, he created a lower evidence standard for criminal convictions, and created a new crime in the bill! He also said then that there were no changes to the bill from the original version the House had passed. And yet we discovered significant additions and changes to that version of the bill.

Rather than take the newest changes in order of the section they appear, let’s look at Rep. Ramsey’s changes in order of magnitude. Rep. Ramsey’s new version of HB 87 now has the mandatory E-Verify requirement back in, but this time he watered it down to apply it only to companies who hire more than 10 full time employees! At a public hearing on this matter Rep. Ramsey emphatically stated that the law should apply to all employers who have have at least 5 employees, and an exemption should not be made to expand that number. What changed his mind? And, why did he now decide to make it full time employees only? An even more significant change to this section of the bill (Section 12), is that the employer when applying for his business license must attest how many employees it has as of January 1 of that year! Think about it, if the company hires employees during the year, lays them off at year end, has NO employees (or less than 10) on January 1, then rehires on January 2, they have effectively and legally avoided complying with this law and enrolling in E-Verify. Clearly, Rep. Ramsey is now playing games with the public about his position on E-Verify, something he calls:

one of the most important provisions of his bill because many illegal immigrants come to Georgia to find work.

Rep. Ramsey, if this is the most important provision in your bill, why have you changed it so significantly that is it basically useless, failed to actually have any public hearings on this massive change in strategy, and then lied to the press about it?

The changes do not stop there. The next significiant change is the creation of an “Immigration Enforcement Review Board” in the new Section 20. Simply put, there has been nothing about this Board discussed EVER, in any public setting, or in any review of this version HB 87. Rep. Ramsey, why did you lie about this? Is this something that the radical anti-immigrant groups urged you to put into the bill? This Board members are appointed by the Governor, Lt. Governor, and Speaker. The Board is attached to the Department of Audits and the folks serving receive no compensation. But clearly, creating an entire new Board is going to cost the State of Georgia money. Rep. Ramsey, where is the fiscal statement on this provision of your bill? Heck, where is the legally required Fiscal Note?

Rep. Ramsey gives the Board the authority to investigate and review any complaint with respect to all actions of a public agency or employee who violates the sections of the state law pertaining to the government’s use of E-Verify, Save, and the creation of sanctuary policies. Rep. Ramsey has created this Board to substitute for the Attorney General, something the Senate had intelligently and thoughtfully done, to investigate these same complaints. This Board will serve as a sort of Star Chamber to hunt down and investigate and punish folks, using a preponderance of the evidence standard, who it believes have violated the law. How can a Board of private citizens do this without judicial process? Good question. Perhaps someone should ask Rep. Ramsey to answer it!

This new version of HB 87 also takes the extraordinary step in Section 3 of violating the Full Faith and Credit Clause of the Constitution of the United States. In Section 3. Rep. Ramsey declines to recognize as valid IDs, the driver’s licenses of New Mexico, Washington and Utah, because those states do not check the immigration status of folks before giving them a driver”s license. Wow! Talk about an easy target of litigation. We really should be thanking Rep. Ramsey, rather than pointing out the obvious problem with legislators voting for a bill that they KNOW is unconstitutional. Does this mean that anyone driving a car in Georgia with New Mexico, Washington or Utah plates is now going to be a target of the police for one of their “show me your papers” stops?

In Sections 7 and 8, Rep. Ramsey also eliminated the Senate passed versions which limited the criminal liability for Transporting, Harboring and Inducing an Alien to enter Georgia to those who also were committing another felony offense. Now, the language is back to the Rameseyesque “criminal violations,” which in Georgia include traffic offenses as those are punishable as misdemeanors, as a predicate act for these typically federal offenses.

Rep. Ramsey also tried to say that he exempted Churches from the potential charges of Harboring, Transporting or Inducing an Alien, but he either did not read the language he inserted into the bill, did not understand it from a legal perspective, or simply lied about it. He has now exempted

“an employer transporting an employee who was lawfully hired,” and “a person providing privately funded social services.”

Rep. Ramsey does not, however, provide a definition for “lawfully hired,” or for “privately funded social services.” One thing we can be sure of is that Churches are NOT protected by this language. Churches are NOT social service organizations, they are religions. They come under different IRS tax and federal and state rules, and can in no way be considered protected by this language. You have to begin to wonder, what does Rep. Ramsey have against churches that he will not exempt them from what most other people would consider Christian acts of service? Keep in mind as well that the vast majority of social service groups actually also receive SOME government funding. Rep. Ramsey has to know this. He votes on giving public dollars to privately run organizations all the time. So, he also has to know that this latter provision likely applies to no one and no group.

In Section 5 of the new HB 87, Rep Ramsey also single handedly, and without public hearing or rationale, increases the penalty for a first offense of the newly created “Working with Fake Papers” crime to be 15 years in prison and a $250,000 fine! Keep in mind that the punishment for paying for sex with a 16 year old to only 5 years in prison, punishment the Georgia Legislature just passed last month! Admittedly, this language now conflicts with the punishment in the preceding paragraph in the same section, but you get the point. Rep. Ramsey was not truthful when he said that there had been public hearings on this bill, and he was not truthful when he said that he had just restored what was in the HB 87 before it went to the Senate.

There are another dozen changes to this bill. We could sit here all day and ask Rep. Ramsey why he is afraid to publicly debate and discuss this bill and why he attacks the Senate for their efforts to restore some semblance of sanity to an Arizona Style Bill on Steroids. Perhaps the answer to the question as to why Rep. Ramsey lied about his newest version of HB 87 lies in the fact that if he told the truth, HB 87 would not be passed. So many other states have said no to this Arizona style bill in light of the crystal clear negative impact passing such a bill will have on the state that does so. And, in light of the 9th Circuit Court of Appeals ruling affirming the 4 key parts of the Arizona law as unconstitutional (parts which are in HB 87), it is non-sensical that the Georgia Legislature would pass HB 87 as it is currently written. Let’s see if any of our legislators take the time to read this bill and see it for what it really is–an attack on Georgia, its economy, its citizens and its reputation. Hopefully, they will not let one man destroy all that Georgia has done to make itself a welcoming place for businesses and people.

April 13, 2011

4/12 – ACLU of Georgia – Investigation Reveals Erroneous Application Of Policy Limiting Undocumented Students’ Access To Higher Education – icatlanta@gmail.com

Letter: http://www.acluga.org/lettertoBoardofRegents-April12-2011.pdf

ACLU Of Georgia Investigation Reveals Erroneous Application Of Policy Limiting Undocumented Students’ Access To Higher Education

Board Of Regents Should Repeal Discriminatory Policy Immediately, Says ACLU of Georgia

FOR IMMEDIATE RELEASE

April 13, 2011

Atlanta – The ACLU of Georgia issued a letter Tuesday to the Board of Regents Chancellor calling for repeal of Policy 4.1.6, the discriminatory policy that denies access to higher education for undocumented students at the five most selective institutions in the University System of Georgia (USG).   An ACLU of Georgia investigation has found that several schools not covered by this policy appear to have improperly conditioned acceptance or registration for Fall 20! 11 upon verification of students’ lawful presence in the United States, potentially cutting off any and all access to higher education for undocumented students.

“We have learned that this discriminatory policy has had even more damaging consequences, as it is being widely misinterpreted and misapplied,” said Azadeh Shahshahani, National Security/Immigrants’ Rights Project Director at the ACLU of Georgia.  “Such practices mislead students as to the actual admission and registration requirements at USG schools and raise significant privacy concerns by inquiring into student immigration status without a basis for doing so.”

Several USG institutions that are not among the five institutions covered by Policy 4.1.6 have indicated in their admissions materials that acceptance or registration for Fall 2011 is contingent on verification of lawful presence.  These include the North Georgia College & State University, Valdosta State University, and Augusta State University.  Similarly, numerous USG institutions, including East Georgia College, Georgia Highlands College, and Georgia Southern University, erroneously suggest that the Board of Regents policy regarding verification of lawful status solely for purposes of receiving in-state tuition (Policy 4.3.4) requires verification of lawful presence for acceptance or registration.

The ACLU of Georgia letter urges the Chancellor to, at a minimum, instruct USG institutions as to the limited application of Policies 4.1.6 and 4.3.4 and direct all USG institutions to immediately remove all erroneous information regarding the policies from their admissions and registration materials.

###

The ACLU of Georgia’s mission is to advance the cause of civil liberties in Georgia, with emphasis on rights of free speech, free assembly, freedom of religion, due process of law and to take all legitimate action in the furtherance of such purposes without political partisanship.

 

The ACLU of Georgia National Security/Immigrants’ Rights project is aimed at bringing Georgia and its localities into compliance with international human rights and constitutional standards in treatment of refugee and immigrant communities, including immigrant detainees.

Follow

Get every new post delivered to your Inbox.

Join 75 other followers

%d bloggers like this: