Archive for April 11th, 2011

April 11, 2011

4/11 – GlobalAtlanta – 23,000 Georgians Urge Gov. Deal to Veto Immigration Bills

23,000 Georgians Urge Gov. Deal to Veto Immigration Bills.

23,000 Georgians Urge Gov. Deal to Veto Immigration Bills
Ann Cantrell

Atlanta – 04.11.11

With just three days before the end of Georgia‘s 2011 Legislative session, immigrant rights advocates, religious leaders, small business owners and concerned citizens are calling for Gov. Nathan Deal to veto “anti-immigrant” bills.

On Monday, April 11, activists delivered a petition with about 23,000 signatures to Mr. Deal’s office asking him to veto House Bill 87 and Senate Bill 40, which could be considered by lawmakers this week.

In front of the Georgia State Capitol, protesters from various organizations held giant tombstones symbolizing the “death” of the state’s economy and reputation if the bills become law.

“Governor Deal, we urge you to be a life-saver, or else the state of Georgia will be littered with the tombstones of all that we, as a state, have lost,” said the Rev.Tim McDonald, pastor of First Iconium Baptist Church, at a press conference held before the petition was delivered.

House Bill 87 mandates that certain companies use a federal E-Verify system to ensure the legality of their employees. It also authorizes law enforcement officers to check the legal status of suspected criminals if they are unable to provide identification and makes harboring an illegal immigrant an offense.

Xochitl Bervera, a member of the Immigrant and Refugee Rights Coalition, said these types of provisions could hurt the Georgia‘s tourism industry if groups follow through on boycotting the state.

One of these groups is the National Day Laborers Organizing Network, which faxed Mr. Deal a letter on April 7, saying it would organize a boycott if the bills become law.

“These bills are going to bankrupt Georgia morally and financially,” Ms. Bervera told GlobalAtlanta after the protest in a phone interview.

She added that the bills would put churches and nonprofits at risk who could unintentionally harbor illegal immigrants by taking them on a church retreat.

The petition and press conference were organized by a number of local organizations including Amnesty International-Southern Regional Office, Georgia Association of Latino Elected Officials and the American Civil Liberties Union of Georgia.

For more information on the bills, visit http://www.globalatlanta.com/article/24699/.

To see the latest versions of HB 87 or SB 40, visit www.legis.ga.gov.

April 11, 2011

4/11 – ajc.com – Senate alters, OKs immigration crackdown bill | ajc.com

Senate alters, OKs immigration crackdown bill  | ajc.com.

 

Georgia Politics 10:54 p.m. Monday, April 11, 2011

The Atlanta Journal-Constitution

Georgia’s Senate on Monday approved an Arizona-style crackdown on illegal immigration amid threats of economic boycotts and petitions from thousands of critics who oppose the legislation.

By a vote of 39 to 17, the Senate approved House Bill 87 after nearly three hours of debate and a lengthy and sometimes confusing discussion about several amendments.

Among other things, the Senate eliminated a provision in the bill that would have required many private businesses to use a federal work authorization program called E-Verify. That program helps businesses confirm their newly hired employees are eligible to work in the United States.

The bill now moves one step closer to Gov. Nathan Deal’s desk for his signature, but the process is far from over. Because the Senate substantially amended the bill, it must now go back to the House, which has been pushing for a tougher crackdown to include the E-Verify requirement for private businesses.

Some lawmakers predicted Monday the House would not agree to the Senate changes and would instead offer its own amendments or seek to appoint a committee to hash out differences between the two chambers.

“We will try to work things out and get things perfected in the conference committee,” Republican Sen. Jack Murphy of Cumming, the sponsor of a similar immigration enforcement bill, said through a spokesman after the Senate vote Monday.

Time is running out. Thursday is the deadline for bills to pass this year’s legislative session. And while Deal campaigned last year on curbing illegal immigration in Georgia, he has not yet taken a position on HB 87.

That bill is partly patterned after a tough new law Arizona enacted last year. The Obama administration successfully sued to block key provisions of Arizona’s legislation, arguing those parts are pre-empted by federal law. On Monday, a federal appeals court upheld a lower court’s decision to keep much of that law on hold pending the outcome of the federal lawsuit.

In Georgia, critics warned Monday the Senate should put the brakes on its immigration legislation, given the federal appeals court’s decision.

“There is no reason for us to be forging ahead on this to be simply the second state to go forward and spend millions of dollars litigating this issue,” Sen. Curt Thompson, D-Tucker, said during an impromptu news conference before the Senate vote. “It doesn’t produce jobs unless it is jobs for lawyers. … The bottom line here is we need to let this process work its way through the courts.”

Like Arizona’s law, Georgia’s bill would empower police to question certain suspects about their immigration status. HB 87 also would penalize people who transport or harbor illegal immigrants or use fake identification to get a job here.

Georgia lawmakers argue such a crackdown is necessary because illegal immigrants are burdening public schools, jails and hospitals here. Proponents frequently point to a recent Pew Hispanic Center estimate that says Georgia is home to more illegal immigrants than Arizona at 425,000.

Georgia, meanwhile, is among 30 states that have considered omnibus legislation targeting illegal immigration this year, according to the National Conference of State Legislatures. In all, 52 such bills have been introduced nationwide. About three-quarters of them resemble Arizona’s SB 1070. So far, 14 of these bills have failed. And two have passed, both in Utah.

At the same time, critics say Georgia’s HB 87 and one similar to it — Senate Bill 40 — are unconstitutional and would promote racial profiling and damage the state’s economy, which relies heavily on migrant labor. Thousands of demonstrators protested Georgia’s legislation during a rally outside the state Capitol last month. Last week, the Los Angeles-based National Day Laborer Organizing Network sent a letter to the governor’s office, saying Georgia will face economic boycotts like Arizona has if it enacts the legislation.

“The boycott is being organized because the state’s pending Arizona-style racial profiling legislation would undermine fundamental civil rights and civil liberties and pose a special threat to immigrants and people of color who live in and travel through the state of Georgia,” Pablo Alvarado, executive director of the Los Angeles-based National Day Laborer Organizing Network, said in the letter.

On Monday, immigrant rights activists said they presented Deal’s office with 23,000 petition signatures urging him to stop the legislation. A spokesman for Deal said Monday the governor will begin reviewing bills after the session ends this week.

April 11, 2011

4/11 – ACLU – Georgia “Show Me Your Papers” Legislation Will Endanger Survivors of Domestic Violence and Sexual Assault » Blog of Rights: Official Blog of the American Civil Liberties Union

Georgia “Show Me Your Papers” Legislation Will Endanger Survivors of Domestic Violence and Sexual Assault » Blog of Rights: Official Blog of the American Civil Liberties Union.

Apr 11th, 2011
Posted by Azadeh N. Shahshahani, ACLU Foundation of Georgia at 2:06pm

Georgia “Show Me Your Papers” Legislation Will Endanger Survivors of Domestic Violence and Sexual Assault

April is Sexual Assault Awareness month. In observation, Georgia lawmakers should reject legislation that attacks immigrant women, including H.B. 87, a bill currently pending in the Georgia legislature that is a copycat of Arizona’s S.B. 1070 racial profiling law. H.B. 87 would endanger victims of domestic violence and sexual assault by creating more fear and distrust of local law enforcement in communities across the state, much like 287(g) has done. Similar to 287(g) agreements, which are agreements between Immigration and Customs Enforcement and local police/sheriff departments, H.B. 87 would charge local law enforcement with enforcing federal immigration law.

As the ACLU of Georgia’s reports on Cobb and Gwinnett counties detail, 287(g) agreements have made members of immigrant communities fear and distrust local law enforcement and ultimately more hesitant to report crime.

According to Alyse López-Salm, Community Outreach Advocate for Partnership Against Domestic Violence (PADV), “287(g) has ensured that many survivors of domestic violence remain in the shadows—terrified to call the police or even reach out to organizations like Partnership Against Domestic Violence for help.” Alyse says that when survivors of domestic violence finally come into contact with PADV, they say they were afraid that seeking help would have a negative effect on their immigration status.

As “Jenny’s” account illustrates, this perception is far from groundless. On July 29, 2009, Jenny called 911 to stop her partner from assaulting her. But instead of protecting Jenny from the man who had been hitting and kicking her, the Cobb County police officers who responded to her call relied upon her abusive domestic partner’s account of what prompted Jenny’s 911 call, as she speaks little English. Her abuser’s side of the story was, not surprisingly, far from honest.

According to attorney Erik Meder, who represents Jenny in her deportation case, as a direct consequence of seeking help from the police, Jenny was herself arrested; physically separated from her infant daughter; spent five days in the Cobb County jail; and placed in immigration removal proceedings.

Jenny’s experience and that of others like her are likely to have a negative ripple effect, because as word gets around, similarly situated survivors of domestic violence and sexual assault in Cobb and other 287(g) counties may be dissuaded from seeking help in the first place.

The legislation now under consideration in Georgia would create a similar atmosphere of terror throughout the state. H.B. 87 would authorize the police to investigate individuals’ immigration status in the course of an offense, including traffic stops, if they fail to provide one of the select identification documents.

If passed, all Georgians will have to carry ID on them at all times in order to avoid being detained while police try to determine their status. Despite language that purports to prohibit investigation of immigration status for victims of a crime, in reality, the legislation will have a chilling effect for crime victims who will be even more scared of calling the police.

In a friend-of-the-court brief filed in the ACLU lawsuit challenging Arizona’s S.B. 1070, Legal Momentum, a women’s rights group, points to how S.B. 1070 will endanger immigrant women:

Immigration status significantly affects the willingness of immigrant women to seek law enforcement help. Rape and sexual assault already have low reporting rates. Immigrants who are victims or witnesses of sexual assault will be even less likely to report and aid in the prosecution. Immigrants with stable permanent immigration status are more than twice as likely as women with temporary legal immigration status to call police for help in domestic violence cases (43.1% vs. 20.8%). This rate decreased to 18.8% if the battered immigrant was undocumented. These reporting rates are significantly lower than reporting rates of battered women generally in the United States (between 53% and 58%).

As we observe Sexual Assault Awareness Month, Georgia legislators should heed the call of women’s rights advocates and reject the Arizona copycat legislation that is sure to further drive underground survivors of domestic violence and sexual assault.

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April 11, 2011

4/11 – ajc.com – With tax overhaul dead, can illegal immigration measure survive? | Political Insider

With tax overhaul dead, can illegal immigration measure survive? | Political Insider.

If the tax overhaul is dead for this session of the Legislature, how can a bill to address illegal immigration survive?

One hour after House Speaker David Ralston announced the end of a third effort to push through a rewrite of the Georgia tax code, that was the thought rushing through the heads of many lawmakers and lobbyists at the state Capitol.

HB 87, designated as the vehicle of choice by supporters of tougher approaches to both businesses and the non-citizens they hire, is at the bottom of today’s Senate calendar. Maybe the senators get to it, maybe they don’t.

But with tax rewrite gone, lawmakers will have one less reason – and a very large one — to hang on and hammer out a difficult agreement that pits the GOP base against its money. With a House ready to bolt on one side and a fractured Senate on the other.

We’ve been told – by Democrats – that both tax reform and HB 87 were topics at a Senate Republican caucus meeting that immediately followed the House decision to abandon the tax rewrite.

Senate President pro tem Tommie Williams has summoned the Committee on Assignments – the formal ruling body of the Senate – to a meeting in his office that’s occurring now.

Meanwhile, Senate Democrats held a quick, impromptu press conference – commandeering the secretary of the Senate’s office – to call for their Republican brethren to drop consideration of HB 87. They pointed to a 9th District U.S. Court of Appeals decision upholding a lower court judge’s decision to block enforcement of the Arizona law that Georgia is attempting to mimic.

“There’s no reason for us to be going ahead on this,” said state Sen. Curt Thompson of Tucker, flanked by four other Democrats.

– By Jim Galloway, Political Insider

April 11, 2011

4/11 – GPB – Protesters Rally As Senate Takes Up Immigration

Protesters Rally As Senate Takes Up Immigration.

 

Mon., April 11, 2011 2:01pm (EDT)
Protesters Rally As Senate Takes Up Immigration
By Melissa Stiers

ATLANTA  —

The Georgia Capitol shining brightly despite the cloudy day in Atlanta, Georgia (photo by Kristen McCrae).

Opposition to immigration reform is mounting in Georgia as the state Senate takes up the issue Monday. Various groups protested the measures outside the state Capitol.

“Do we want to rest in peace, small businesses? No! Do we want the agriculture industry to rest in peace? No!”

Protesters delivered a petition of 23,000 signatures to the Governor and Lt. Governor, urging them to veto immigration reform legislation when it reaches their desks.

Two bills in the House and Senate would require companies to check the legal status of new hires. Police officers could also conduct citizenship checks at traffic stops.

Some small business owners say the measures could hurt business. Civil rights organizations and churches say the measures are inhumane and will tarnish Georgia’s image.

Reverend Timothy McDonald is from the First Iconium Baptist Church in Atlanta.

“At the end of the day, these proposed immigration laws are about discrimination, discrimination of those who according to our holy writ says to welcome the stranger.”

Supporters of the bills say the measures are necessary to curb the costs of illegal immigration.

April 11, 2011

4/11 – 11alive.com (WXIA) – VIDEO – Georgia Senate to take up House immigration bill | 11alive.com

Georgia Senate to take up House immigration bill | 11alive.com.


Immigration rights activists rallying outside the Georgia State Capitol on Mar. 24, 2011.

ATLANTA (AP) – The Georgia Senate is set to take up a bill that aims to crack down on illegal immigration in the state and also has some provisions similar to those in a tough law enacted last year in Arizona.

Senators on Monday are set to take up an amended version of a House bill sponsored by Rep. Matt Ramsey, R-Peachtree City.

The bill would authorize law enforcement officers to check the immigration status of certain criminal suspects and would require employers with more than four workers to verify the immigration status of new hires using a federal database called E-Verify.

Supporters and opponents of the bill have stepped up their efforts this week in anticipation of the end of the legislative session on Thursday.

(Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

April 11, 2011

4/11 – WSB – Protests As Senate Considers Immigration Bill – News Story – WSB Atlanta

Protests As Senate Considers Immigration Bill – News Story – WSB Atlanta.

 

Dozens of demonstrators protested immigration reform outside the state Capitol on Monday just hours before lawmakers were scheduled to debate the bill.

The Senate could vote on a bill Monday that would require employers to verify the immigration status of their workers.

It also gives law enforcement more powers to check the status of suspects. The bill has drawn protests from several Latino organizations, civil rights activists and some business owners.

“We firmly believe that if this legislation is passed and Governor Deal signs it, our state will be littered with the tombstones of small businesses, the loss of conventions and tourism, farms and vibrant communities,” said Lisa Adler of Amnesty International.

Demonstrators delivered a petition to Deal’s office on Monday. They claim to have more than 23,000 signatures from people opposing the bill.

Businessman Ron Reardon, a self-described lifelong Republican, opposes the bill because he thinks it will hurt farmers.

“If you kill the engine then the entire train stops,” said Reardon.

“If our lawmakers ignore this truth, if these bills pass, if they become law, then the Georgia engine will stall.”

April 11, 2011

4/11 – Creative Loafing – Senate to vote on “Arizona copycat law” today | Atlanta News & Opinion Blog | Fresh Loaf | Creative Loafing Atlanta

Senate to vote on “Arizona copycat law” today | Atlanta News & Opinion Blog | Fresh Loaf | Creative Loafing Atlanta.

Posted by Gwynedd Stuart on Mon, Apr 11, 2011 at 12:55 PM

The state Senate is scheduled to vote today on HB 87, Georgia’s controversial attempt at cracking down on illegal immigration.Opposition to the bill — which has become increasingly fervent as the legislative session nears its end — has continued to grow. From the AJC:

“[O]n Monday, activists presented [Gov. Nathan] Deal’s office with 23,000 petition signatures urging him to stop the measure. Additionally, the head of the Korean American Association of Greater Atlanta last week sent state lawmakers petitions signed by more than 4,000 Korean Americans from Gwinnett County who are opposed to the legislation.”

Last week, human rights groups threatened to boycott Georgia if Deal doesn’t veto whatever anti-illegal immigrant legislation that lands on his desk.

The state House voted overwhelmingly in favor of the bill back in early March.

April 11, 2011

4/11 – Charles Kuck – Musings on Immigration: Why HB 87 and SB 40 are Unconstitutional

Musings on Immigration: Why HB 87 and SB 40 are Unconstitutional.

A more in depth analysis will be coming this evening, but the 9th Circuit Court of Appeals just made absolutely clear why Georgia’s HB 87 and SB 40 are going to be found unconstitutional if passed by the State Legislature.

In United States of America v. Arizona, Judge Paez writes specifically as to Section 2(B), which is the “show me your papers” part of SB 1070 in the Arizona law and which is contained in substance in both HB 87 and SB 40, that

In light of this guidance, Section 2(B)’s interference with Congressionally-granted Executive discretion weighs in favor of preemption. Section 2(B)’s ‘unyielding” mandatory directives to Arizona law enforcement officers “underminethe President’s intended statutory authority” to establish immigration enforcement priorities and strategies. Crosby, 530 U.S. at 377. Furthermore, “flexibility is a critical component of the statutory and regulatory framework under which the” Executive “pursues [the] difficult (and often competing) objectives,” Buckman, 531 U.S. at 349, of—according to ICE—”advanc[ing] the goals of protecting national security, protecting public safety, and securing the border.” Through Section 2(B), Arizona has attempted to hijack a discretionary role that Congress delegated to the Executive.

This preemption is NOT about the shall/must/permissible aspect of the Arizona or Georgia laws on “show me your papers.” It is about usurping a federal area of law. Period.
Further, the Court also found that the state law also affects the foreign policy of the United States, something the states are simply not permitted to infringe upon:

The record before this court demonstrates that S.B. 1070 does not threaten a “likelihood . . . [of] produc[ing] something more than incidental effect;” rather, Arizona’s law has created actual foreign policy problems of a magnitude far greater than incidental.

The bottom line is this–and is exactly what I have been saying since January–the authors of HB 87 and SB 40 simply did not consider the constitutionality of their proposals, or did not care whether they were constitutional. In either case, if either of these laws pass the General Assembly this session, litigation will be filed, and HB 87 or SB 40 will be stopped in the Federal Courts.
April 11, 2011

4/11 – ajc.com – Federal appeals panel upholds freeze on Arizona law | Political Insider

Federal appeals panel upholds freeze on Arizona law | Political Insider.

Just in time for today’s state Senate debate over HB 87, the bill modeled on Arizona’s attempt to attack illegal immigration. From the Washington Post:

A federal appeals court on Monday upheld a lower court decision that blocked the most contested provisions of Arizona’s immigration law from taking effect.

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit ruled that a federal judge did not abuse her discretion in blocking provisions of the law that would, among other things, require police to check immigration status if they stop someone while enforcing other laws.