3/2 – AJC – Georgia can treat, but not cure, immigration issues | Kyle Wingfield

Georgia can treat, but not cure, immigration issues | Kyle Wingfield.

7:08 pm March 2, 2011, by Kyle Wingfield

There are a number of natural tensions for Republican lawmakers in Georgia as they try to curb illegal immigration. Here are two of the stronger ones, and ways legislators might think about them while considering various immigration bills:

1. The tension between federal responsibility and state problems.

The states — particularly those, like Georgia, that are not on the border — can do only so much to stanch illegal immigration. But they bear the lion’s share of the costs, from education to health care to law enforcement.

Add those facts to the usual political dynamics of courting a growing group of voters while trying to please — or at least not alienate — a base of support, and Washington’s inaction on immigration is easily explained. (Incidentally, this is one topic Congress might handle differently if U.S. senators were still appointed by, and answered to, state legislatures as they did before the 17th Amendment.)

Last year’s election campaign featured a lot of pledges to pass a law mirroring the one enacted in Arizona last year. Now-Gov. Nathan Deal and his Democratic opponent, Roy Barnes, both said they’d support such a measure. But today, one gets the distinct impression that Deal would prefer to sit on the issue until 2012.

The Obama administration promptly sued to overturn the Arizona law, and inviting a new lawsuit against Georgia would do precious little to bolster Arizona’s case. It would, however, likely consume precious state funds — and accomplish little if, as in Arizona, a judge were to put key parts of the law on hold while a lawsuit proceeded.

Better to let the courts settle the issue in Arizona and focus efforts here on ensuring that Georgia tax dollars don’t provide public benefits to illegal immigrants beyond what federal law requires (for example, k-12 education for their children).

2. The tension between businesses and activists.

A number of Georgia industries, from agriculture to textiles, have relied for years on immigrant labor, whether all of those immigrants were legal or not. So, it’s logical to think businesses could help identify illegal immigrants.

At the same time, the governor cautions against placing an “undue burden” on industry in asking it to make up for the federal government’s failings by verifying workers’ legality.

It’s hard to see how the state could enforce such a law without spending a great deal of resources to police employers. But what it could do is make the penalties for failure to maintain a legal workforce so great that companies wouldn’t want to risk being caught.

For example, the state could take away all tax credits, exemptions and deductions for any business found to have any illegal workers. This penalty might prove harsher than the ones now under consideration, particularly for big companies. And it would avoid the clumsy and arbitrary delineation between a misdemeanor harboring of illegals (seven or fewer) and a felony (eight or more).

However, a company found to have illegal workers would not be liable if it had used the federal E-Verify system to check those workers’ backgrounds.

A company would risk a harsher penalty if it knowingly hired illegals, or if it chose not to use E-Verify and its workers were found to be here illegally.

But any business confident in the legality of its workforce could choose to avoid the cost and hassle of using E-Verify.

In the meantime, it’s wise to create stiffer penalties for people with fake or forged immigration papers, as envisioned in Georgia’s HB 87. I’m told by businesspeople who use E-Verify that the system is not reliable at spotting such documents.

There are no perfect resolutions of these and other tensions. But there also are defective ones, born of frustration at symptoms that Georgia can treat — but cannot cure.

– By Kyle Wingfield

3/3 – CNN – Georgia House passes stringent immigration bill – CNN.com

Georgia House passes stringent immigration bill – CNN.com.

From Gustavo Valdes, CNN

March 3, 2011 8:55 p.m. EST

The Georgia House passed a law that would require employers to verify the legal status of workers Thursday.

STORY HIGHLIGHTS

• The Georgia legislature is debating immigration
• The state House passes stringent requirements
• The Georgia Senate will take up the controversial legislation

Atlanta (CNN) — The Georgia House on Thursday passed a tough immigration law that would require employers to verify the legal status of workers they hire.

House Bill 87, which has been likened to the Arizona immigration law, was passed 113-56 and goes to the state Senate.

Under the measure, Georgia companies would be required to use E-Verify, a federal database, to check the documentation of current and prospective employees. That database had been created by Congress as a voluntary, discretionary resource.

The bill criminalizes the transportation of illegal immigrants and allows law enforcement officials to check the legal status of people in custody in certain situations.

Opponents, including the American Civil Liberties Union, said the bill would encourage racial profiling and would harm the state’s economy, particularly the sizable agricultural industry.

“This is a good piece of legislation,” said House Majority Whip Edward Lindsey, a Republican. “It’s an important step forward for the state and a good call for the federal government to do its job.”

State Rep. Pedro Marin, a Democrat from suburban Gwinnett County, said the bill would create second-class citizens.

About 200 people outside the state Capitol protested against the legislation, calling on Gov. Nathan Deal to veto it if it gets to his desk.

“They are trying to tell the immigrant community that we don’t contribute to the state, saying we are an illegal community and that’s not true,” said protester Paulina Hernandez. “We are only an undocumented community because this country doesn’t have the spine to pass immigration legislation that makes sense.”

In February, Arizona Gov. Jan Brewer said she had “no other choice” than to sue the federal government for what she called Washington’s failure to secure her state’s border and enforce immigration laws.

Arizona’s move was an attempt to strike back at the Obama administration for a lawsuit blocking parts of a controversial law Brewer signed last April. It authorizes police to identify and help deport those suspected of being in the country illegally. The measure sparked protests in Arizona and around the country.

3/3 – AJC – The ‘birther’ bill and an image of second thoughts | Political Insider

The ‘birther’ bill and an image of second thoughts | Political Insider

Political Insider

The ‘birther’ bill and an image of second thoughts

6:40 pm March 3, 2011, by jgalloway

When state Rep. Mark Hatfield, R-Waycross, dropped his bill to require next year presidential candidates to provide hard proof of their birth on U.S. soil, the paperwork contained the signatures of 93 of his House colleagues – 92 of them Republican.

Word of House Speaker David Ralston’s coolness toward the legislation spread through the Capitol on Wednesday. Those concerned with the Port of Savannah made their opinions known.

By the end of Thursday, at least 23 House members had changed their minds, according to my AJC colleague April Hunt – and the above image of blotted out, former supporters.

For a PDF of the above image, click here. For a look at the original, click here.

John Meadows, chairman of the House Rules Committee, which determines what legislation goes to the floor, was the first to remove his name this morning.

– By Jim Galloway, Political Insider

3/3 – AJC – House passes Arizona-style bill aimed at illegal immigration | ajc.com

House passes Arizona-style bill aimed at illegal immigration  | ajc.com.

By Jeremy Redmon

The Atlanta Journal-Constitution

Georgia’s House followed Arizona’s lead Thursday, convincingly passing stringent new legislation targeting illegal immigrants and those who harbor them here.

Enlarge photo

Brant Sanderlin, bsanderlin@ajc.com The Rev. Gregory Williams, president of Atlantans Building Leadership for Empowerment, speaks against House Bill 87 outside the Capitol Thursday.

Enlarge photo

Johnny Crawford, jcrawford@ajc.com Rep. Matt Ramsey of Peachtree City watches as the Georgia House votes to pass HB 87 on Thursday, the immigration reform bill he sponsored.

Enlarge photo

Miguel Martinez/Mundo Hispanico In recent years, several thousand people have marched through downtown Atlanta in support of immigration reform.

Related

• Panel OKs Ga. immigration crackdown
• Insider: Get your copy of House revisions here
• Deal in tight spot on immigration
• Immigration laws affect economy
  

By a largely party-line vote of 113-56, the Republican-controlled chamber approved House Bill 87, also called the Illegal Immigration Reform and Enforcement Act of 2011.

The 22-page bill now moves to the Senate, where a committee endorsed a similar but shorter measure Wednesday. Republican Gov. Nathan Deal campaigned last year on curbing illegal immigration in Georgia, but he has not yet taken a position on the House and Senate bills.

Like the groundbreaking law Arizona enacted last year, HB 87 would authorize state and local police to verify the immigration status of certain suspects. A federal judge halted a similar provision in Arizona last year after the Obama administration argued it is pre-empted by federal law. Arizona is appealing that judge’s decision.

Hundreds of demonstrators — a loose coalition of black and Latino civil rights groups, labor unions and national groups such as Amnesty International and the American Civil Liberties Union — gathered outside the state Capitol during the House debate Thursday to denounce the measure as an “Arizona copycat law” and call on Deal to veto it if it comes to his desk. They said the measure is irresponsible and would turn Georgia into a “show-me-your-papers state, reminiscent of slavery and Jim Crow times.”

Supporters of HB 87, meanwhile, argued the state must act because the federal government has failed to adequately seal its borders and enforce the nation’s immigration laws. Georgia has the ninth-largest population among states, but it is home to the seventh-largest number of illegal immigrants, estimated at 425,000, the Pew Hispanic Center said in a report released last month. Critics say illegal immigrants are burdening Georgia’s hospitals, jails and public schools and taking jobs here amid high unemployment.

“No doubt about it. Our federal government has failed us, and our citizens in Georgia are suffering the consequences,” Republican Rep. Matt Ramsey of Peachtree City, the bill’s sponsor, told the House at the start of more than two hours of debate.

Ramsey has said he has worked on more than 16 drafts of the legislation, partly to protect it against potential court challenges. The ACLU called the measure unconstitutional last month and threatened to challenge it in court if it is enacted.

Deal spokesman Brian Robinson said Thursday that the governor’s office will closely watch the bill, which he said “still has a ways to go” through the legislative process.

About 30 protesters attempted to deliver a poster board letter to Deal that was signed by demonstrators asking the governor to veto the bill. They were stopped by Georgia state troopers at the west entrance to the Capitol. After some negotiation, two members of the group were allowed to hand the letter to a receptionist in the governor’s office. Deal did not meet with the group, and it was unclear whether he was aware they were there.

Asked about the call for Deal to veto the legislation, Robinson said: “We can’t veto something that is not on our desk.”

Democrats vigorously fought HB 87 on the House floor Thursday, arguing it would damage Georgia’s agricultural and tourism industries and force the state to defend itself against costly court challenges. Some called it un-American.

“Do we really believe now is the time to create a gestapo state, where every person who looks or sounds [like] or has the surname of an immigrant must provide papers — as in South Africa — to prove their citizenship or legal residence?” said Rep. Pedro Marin, D-Duluth.

Among other things, HB 87 would punish certain people who knowingly transport or harbor illegal immigrants here. It would require many private employers to verify their newly hired employees are eligible to work in the United States. It would empower people to sue local and state government officials who don’t enforce existing state laws aimed at illegal immigration. And it would penalizes people who “willfully and fraudulently” use fake identification to get a job in Georgia.

Denise Ognio, a tea partyer and accountant who works for a staffing firm in Fayetteville, stressed the need for E-Verify, a free federal program that allows employers to check whether their new hires are eligible to work. She said two older women called the staffing firm to complain about getting W-2 forms showing they owed taxes on jobs they never held. Someone else had used their Social Security numbers when applying for work.

“When we use E-Verify, it takes minutes and it solves problems down the road,” Ognio said. “But now, illegal workers can leave us and go get hired by someone else down the road who doesn’t verify. We are concerned about losing American jobs because illegal immigrants are taking jobs illegally.”

In a statement published in Catholic newspapers this week, the Catholic bishops of Georgia urged state lawmakers to “resist the imposition of harsh and unnecessary legislation affecting all residents of Georgia, further tearing apart the fabric of our communities and jeopardizing our future.”

Meanwhile, the state’s agricultural, landscaping and commercial building industries have urged legislators to move cautiously. Last month, the Mexican ambassador to the United States criticized HB 87, saying it “could lead down a slippery slope of racial profiling,” a charge supporters of the legislation vehemently deny.

Georgia is not alone in its efforts to crack down on illegal immigration. Twenty other states are considering similar Arizona-style legislation, according to the National Conference of State Legislatures. Such bills have passed at least one legislative chamber in Indiana, Kentucky and Utah. At least seven other bills targeting illegal immigration are pending in Georgia’s Legislature.

Supporters of Georgia’s legislation roamed the halls of the Capitol on Thursday. Carol Williams was among them. She drove from her Cumming home to the Capitol to watch the debate and corral lawmakers. She and other tea party activists weren’t content to hear assurances that some members would vote for the bill. They marched some down to the House clerk’s office before the chamber convened, asking them to sign on as co-sponsors.

“It’s a symbol of what the heart of America is feeling about immigration,” said Williams, a homemaker. “We are close to a depression, economically. Americans cannot find work. We cannot afford the costs of illegal immigration.”

Protesters outside the Capitol held up signs and chanted in English and Spanish for Deal to veto the bill if it comes to his desk. The Rev. Gregory Williams, the senior pastor at College Park CME Church, said he was concerned what the bill could do for the image of Georgia as a birthplace of the civil rights movement.

“If this does not get vetoed, we might as well go back to the back of the bus,” Williams said. “The progress of the civil rights movement takes a step back with this legislation.”

Staff writers Chris Joyner and April Hunt contributed to this article.

House Bill 87

The Illegal Immigration Reform and Enforcement Act of 2011, which the state House of Representatives passed Thursday by a 113-56 vote, calls for:

• Authorizing state and local police to verify the immigration status of certain suspects.
• Punishing certain people who knowingly transport or harbor illegal immigrants.
• Requiring many private employers to verify their newly hired employees are eligible to work in the United States.
• Empowering people to sue local and state government officials who don’t enforce existing state laws aimed at illegal immigration.
• Penalizing people who “willfully and fraudulently” use fake identification to get a job in Georgia.

3/3 – AJC – House set to vote on major bill targeting illegal immigration | ajc.com

House set to vote on major bill targeting illegal immigration  | ajc.com

Georgia Politics 6:37 p.m. Wednesday, March 2, 2011

House set to vote on major bill targeting illegal immigration

By Jeremy Redmon

The Atlanta Journal-Constitution

Republican state lawmakers weren’t kidding last year when they vowed to take on illegal immigration in Georgia.

AJC file photo Opponents complain the immigration measures could burden businesses with costly new regulations, deter immigrant workers from coming to Georgia and damage the state’s economy.

Related

• Deal in tight spot on immigration
• Insider: Teeth fall out of immigration bill
• Murphy introduces softer bill targeting illegal immigration
• Georgia bill would require schools, hospitals to count illegal immigrants
• Bill targets those who pick up day laborers
• Immigration laws affect economy

More Georgia politics stories »

• Gingrich to explore presidential run
• Immigration bill clears House
• Cobb state lawmaker hosts education forum
• All Georgia election results
• Ga. Politics news, helpful links

• Political Insider / Jim Galloway »

  Sam Olens: A Sunday sales law would be constitutional

• PolitiFact Georgia »

  Liberal Blogger: Under a proposed Georgia law, “women who miscarry could become felons.”
  

• Georgia Elections Central »

  Perdue appoints DNR board replacement for Oaky Woods purchase critic

In recent months, they have introduced no fewer than eight bills seeking to crack down on a long list of problems tied to illegal immigrants.

And in the process, they have managed to rile a long list of constituencies, including the state’s agricultural, landscaping, commercial building and restaurant industries; groups representing hospitals and local government and school officials; civil and immigrant rights groups; and religious leaders.

Critics are hoping the weight of opposition will doom some of the legislation. Lawmakers have already softened some bills in the face of stout opposition.

Supporters argue that the state must act because the federal government has failed to enforce the nation’s immigration laws. They say illegal immigrants are burdening hospitals, public schools and jails and taking jobs from Georgians amid high unemployment.

Those supporters racked up a significant victory Monday when a key legislative panel passed a bill partly patterned after Arizona’s tough new law aimed at illegal immigration. House Bill 87 is scheduled for a vote on the House floor Thursday.

Among other things, HB 87 would require many businesses to use a free federal program called E-Verify to confirm that new employees are eligible to work in the U.S. Other bills would ban illegal immigrants from attending state colleges and collecting unemployment and workers’ compensation benefits. Another bill would require school and hospital officials to count the number of illegal immigrants they serve.

As one of several people who testified in support of HB 87, Jan Barton, a retired technical consultant from Marietta, addressed the range of groups that oppose the illegal immigration bills.

“Who do our legislators want to listen to, the citizens or the special-interest groups?” Barton said.

Opponents complain the measures could burden businesses with costly new regulations, deter immigrant workers from coming to Georgia and damage the state’s economy.

The Georgia Hospital Association, for example, opposes a provision in House Bill 296 that would require hospitals to report to the state how many of their patients are illegal immigrants. The bill would also require the hospitals to report what treatment these people received, the cost and dates of that treatment. and whether and how they paid for their care. That information would be published annually on the state Department of Community Health’s website.

Federal law, however, requires hospitals to treat all emergency room patients, regardless of their immigration status or ability to pay. A spokesman for the hospital association said his organization is concerned HB 296 could run afoul of that federal law.

“We feel like this is more of a policing function that hospitals really have no business being a part of,” GHA spokesman Kevin Bloye said.

The Georgia School Boards Association has raised similar concerns over another provision in HB 296 that would require school officials to count the number of illegal immigrants they serve. The state Board of Education’s rules prohibit school officials from inquiring about the legal status of students in accordance with a 1982 U.S. Supreme Court ruling. That ruling says school districts must educate all children regardless of their immigration status.

In an interview this week, the bill’s sponsor said the identities of hospital patients will not be sent to the state.

“We must not lose sight of who we work for here. It’s the taxpayers. They have a right to know what it is costing to provide service to those who are here illegally,” said Republican Rep. Josh Clark of Buford.

Several bills would require many companies to start using the E-Verify program. Farmers and landscapers say it would cost them time and money to use the system. Some critics of E-Verify have caught the ear of Gov. Nathan Deal, saying they are worried about the system’s reliability and accuracy. Deal said he would investigate those concerns, adding he does not want to place an “undue burden” on employers.

“Mandating businesses to utilize the flawed E-Verify system puts another layer of bureaucracy on an already challenged workforce where jobs are hard to fill,” Bill Russell, president and CEO of Dacula-based Russell Landscape Group, wrote in a letter this week to state legislators.

Supporters say concerns about E-Verify’s reliability and accuracy are overblown. They point to how companies can legally employ temporary workers from other countries through federal guest worker programs, though Russell and other Georgia farmers say such programs can be cost-prohibitive.

“I don’t think anything in this legislation would result in an ‘undue burden’ being placed on employers,” said Republican Rep. Matt Ramsey of Peachtree City, the sponsor of HB 87. “We know E-Verify is simple. It is easy. It is accurate.”

Some Georgia industries that rely on migrant workers argue that dealing with illegal immigration is the federal government’s responsibility, not the state’s.

“We support comprehensive immigration reform, but only at the federal level,” said Karen Bremer, executive director of the Georgia Restaurant Association, which represents the state’s $14.1 billion restaurant industry.

Voters indicated they felt differently last year in a poll commissioned by the Georgia Newspaper Partnership that showed a strong majority would support a state law similar to the one enacted in Arizona.

Last week, Republican Sen. Jack Murphy of Cumming substantially watered down his legislation targeting illegal immigration. His Senate Bill 40 no longer includes certain penalties for private businesses that do not use E-Verify. Murphy said he consulted the state attorney general’s office and now has constitutional concerns over penalizing such businesses. Murphy, however, has added a provision that says some businesses would not be eligible for certain state tax breaks unless they use E-Verify or other federal work authorization programs, or screen employees’ driver’s licenses or other state-issued identification.

The Senate Judiciary Committee passed SB 40 Wednesday.

Murphy indicated he and other lawmakers are in a darned-if-they-do-and-darned-if-they-don’t situation concerning illegal immigration.

“We,” he said, “are always going to rile somebody.”

3/3 – AALAC – Arizona-Style Law – We Can’t Afford It !!

AALAC | Arizona-Style Law

Arizona Immigration Law in Georgia — We Can’t Afford It!!

Arizona recently passed Senate Bill 1070 (SB 1070) which would, among other things, allow local police officers to detain anyone — even legal citizens and residents – they suspect are “illegal.” It also allows citizens to sue a police officer or agency if they believe they’re not enforcing immigration to the full extent of the law. Although a federal judge has blocked major provisions of SB 1070 because it violates the US Constitution, the Georgia State Legislature has filed a similar Arizona-style law in our state (House Bill 87).

We can’t afford the economic loss. Arizona has so far lost $140 million as a result of SB 1070, and that loss is expected to reach a total of $750 million based on an independent study by the Center for American Progress.  Given our bad economy, we can’t afford laws that will make things worse.

We can’t afford the loss in tourism, Georgia’s 2nd largest industry.  Arizona has lost $45 million in convention revenues in just the past few months alone.   Georgia is a magnet for conventions and tourism.  In 2008, only one of several convention centers in Georgia — the Georgia World Congress Center — produced $2.6 billion in output, the majority of the money coming from visitor spending (UGA Selig Center Report). A loss of convention dollars would not only hurt the convention centers, but have a negative ripple effect on the surrounding local businesses and cut thousands of jobs for hard-working Georgians.

We can’t afford the bad publicity.  Since passage of SB 1070, Arizona has received a ton of bad publicity both nationally and internationally and suffered from boycotts as a result of this law.   Georgia actively cultivates foreign economic development, touting our state as diverse, cultured, and business-friendly.  A similar law in Georgia could potentially lead foreign businesses to invest in other states that are less controversial and more hospitable.

We can’t afford the potential loss in public safety.  The national Major Cities Chiefs Association, the Arizona Association of Chiefs of Police, and multiple local law enforcement leaders throughout the nation have spoken out against SB 1070 because of the negative effect it would have on their primary duty of public safety, the strain on limited resources, and the unfair exposure to lawsuits. We want to fully support our law enforcement officers’ ability to build and establish trust with the community, and focus their limited resources on fighting crime versus immigration enforcement, which is the duty and role of the federal government.

We can’t afford to use more taxpayer dollars for enforcement. The US Government is principally entrusted to enforce immigration, and we already pay for that through taxes. Passage of additional state immigration laws would have to be supported by a state budget for enforcement – police training, proper car equipment, and coverage for lawsuits. We can’t afford to make further cuts to our children’s education, our police force, or our businesses to fund state enforcement measures that are paid for at the federal level.

We can’t afford unconstitutional racial profiling in our state. Provisions of the Arizona law have already been enjoined by a federal judge for being unconstitutional. You cannot tell if a person is a U.S. citizen by the color of their skin, or their accent. Georgia has one of the fastest growing Asian American populations of any state in the US.  Immigrants are an integral part of Georgia and we must welcome and love them as our neighbors. We are bound by our long history of social justice to adopt a humane approach to immigration.

AALAC’s Fact Sheet on an Arizona-Style law is available in multiple languages:

– Arizona Fact Sheet (Korean)

– Arizona Fact Sheet (譯文)

– Arizona Fact Sheet (Vietnamese)

– Arizona Fact Sheet (English)

3/3 – Georgia Bulletin – Catholic Conference Testifies Against Immigration Bill

Catholic Conference Testifies Against Immigration Bill

GRETCHEN KEISER, Staff Writer

Published: March 3, 2011

ATLANTA—Legislation that proposes new penalties for employing illegal immigrants, possessing fraudulent identification and for transporting or “harboring” illegal immigrants will be debated in the full Georgia House of Representatives. The legislation also proposes giving law enforcement officers in the state the power to enforce federal immigration laws in certain circumstances and requires employers to use a federal verification system before hiring.

House Bill 87, the “Illegal Immigration Reform and Enforcement Act of 2011,” sponsored by Rep. Matt Ramsey (R-Peachtree City), was favorably voted out of a House judicial committee Feb. 28.

In the first half of the legislative session, the bill has been in committee where it has been debated and to some extent revised.

Among those taking a position on the bill is the Georgia Farm Bureau, which has opposed the legislation because of the impact on the state’s largest industry, agriculture. Farmers say they have difficulty already finding enough agricultural workers and the verification that would be required would be insurmountable.

Frank Mulcahy, executive director of the Georgia Catholic Conference, testified against the bill in committee because of its impact on Catholic Church ministries. Earlier provisions would have put individuals at risk of being arrested if they transported people found to be in the country illegally. Mulcahy said the impact on many church ministries, from driving youth to a confirmation retreat, taking a soccer team to a game or taking a sick person from a homeless shelter to a hospital, would be devastating and criminalize acts of charity.

While that provision has been re-worded in the version sent to the full House, the Catholic Conference is still opposing the legislation, Mulcahy said Feb. 28.

He wrote, “As recommended by the House Judiciary (non-civil) committee, HB 87 creates the risk of criminal prosecution against churches and social welfare organizations by prohibiting any person from ‘harboring’ any person present in the United States in violation of federal immigration law.”

“‘Harboring’ is broadly defined as ‘any conduct that tends to substantially help an illegal alien remain in the United States in violation of federal law.’ (This) could include many services provided by churches and social service agencies, such as women’s shelters, homeless shelters, retreat house, clinics and the like. The offense of ‘transporting or moving an illegal alien’ creates a similar risk,” he wrote.

Other concerns about the bill cited by the Georgia Catholic Conference include that it criminalizes actions that tend to help undocumented immigrants, criminalizes transporting undocumented immigrants, requires law enforcement officers to verify the immigration status of anyone stopped for a criminal violation, which would include a traffic violation, and creates new documentation requirements for persons seeking public benefits with no exception for pregnant women or unborn children.

3/2 – The Weekly Online – House Democrats Show Solidarity, Oppose Immigration Bill

The Weekly Online!

Overreaching HB 87 unfriendly to Georgia’s tourism, agriculture industry

ATLANTA, Ga., (March 2, 2011) – The Georgia House Democratic Caucus voted today to oppose HB 87, an Arizona-style bill meant to crack down on illegal immigration in Georgia, but takes the issue much too far.

HB 87 would allow local police to randomly detain anyone who can not produce documentation of citizenship. Additionally, police could detain and jail suspects who are transporting those thought to be undocumented.

“No one in our caucus is condoning illegal immigration,” said Rep. Stephanie Stuckey Benfield, Caucus Treasurer. “But this bill does not solve that issue, and it creates new ones. We must be mindful of the side effects of any legislation on business, tourism, and law enforcement. Our state can ill-afford what Arizona has been through.”

On Monday, February 28, HB 87 passed out of the House Judiciary Non-Civil Committee completely along party lines. It has been added to the House Calendar for Thursday, March 3.

“We cannot support any legislation that would hurt Georgia’s reputation and economic well-being, particularly during such a severe economic downturn,” said Rep. Stacey Abrams, who serves as House Minority Leader. “This bill raises concerns about racial profiling, burdens local law enforcement without providing additional financial support and may yet prove unconstitutional, potentially exposing local governments to costly lawsuits.”

HB 87 also allows individual citizens to bring a lawsuit against a local government or agency if they believe the entity is not complying with the requirement to use E-Verify, an Internet-based system that enables employer to determine an employee’s eligibility to work in the United States.

The bill was also amended to make presenting false documentation or information when applying for a job a felony offense, punishable by one to 15 years in jail and a fine of up to $250,000.

In Rules Committee, House Minority Whip Carolyn Hugley expressed concerns about the bill’s impact on women fleeing domestic violence.

“Women seeking to provide for their families while awaiting a slow federal process to help them secure new identities. These women deserve our protection, not the possibility of 15 years in prison and a $250,000 fine,” said Hugley.

Prior to adopting a position, the House Democratic Caucus discussed the negative impacts on statewide tourism and efforts to recruit new business to Georgia, particularly international companies.

“Several corporations have publicly condemned Arizona-style immigration laws and vowed to boycott states that enact similar legislation. They have adopted internal policies that state they will not do business in states with legislation like Arizona,” said Rep. Brian Thomas, Chairman of the House Democratic Caucus. “We cannot afford to chase businesses away from Georgia, especially with unemployment hovering near ten percent.”

According to the American Civil Liberties Union, Arizona’s SB 1070 has cost the state more than $140 million in cancelled conventions. Georgia’s tourism industry was estimated to be four times the size of Arizona’s before this law was enacted.

HB 87 is authored by Rep. Matt Ramsey (R-72) and has undergone several substantive changes since it was originally offered. The original version required law enforcement officers to develop a reasonable suspicion guideline before trying to determine an individual’s immigration status.

The Senate Democrats have held a number of public hearings across the state regarding immigration, and House Democrats share their concerns about the impact of the legislation on the state’s bottom-line and reputation.

The version that passed out of House Judiciary Non-Civil Committee removes the “reasonable suspicion” language and authorizes officers “to seek to verify” a suspect’s immigration status if he or she is unable to provide an accepted form of identification.

This language raises questions about its impact on tourism, Georgia’s second largest industry.

“For 2011, Arizona has lost more than $45 million due to canceled conventions and boycotts. Georgia relies on tourism to feed our families. This bill will not curb illegal immigration, but it will put a black-eye on our state and send jobs elsewhere. This is an anti-economic development bill that will haunt Georgia for years to come,” said Rep. Abrams.