Daily Archives: February 21, 2006

Hearings Today in Immigration

SB 529 — is going to be heard today.  I will try blogging the notes

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Sheriff Jolley, FAIR and Adjournment

Kemp: Is anyone here from more then one hour away?

 

Sheriff Jolley:  Representing Ga Sheriff’s Association…. Will explain process as we arrest someone – not academia…

 

Taken to jail, processed by jailer – asked litany of questions to id who the person is – if not id’d no bond.  We have access to ICE who have language experts to help us interrogate—no problem with language (72 of em)… we can converse.  If they have some id – we still try to verify who they are…  If they practiced — they will make bond.  INS has told us to let the minor crimes go.  7 deadly sins will not make bond.

 

Questions: 

 

We hear a lot today on complex issue.  I haven’t heard discussion concering growth of gangs, drug trafficking etc… Can you elaborate?

 

Sheriff: Easy money for gang activity.  Minority illegals do that.  Gangs are larger problems for cities… but are seeing increase in rural areas.  Drugs are a large problem but not just with illegals

 

Are gangs mix of illegals and legal –just legal?

 

Sheriff: I can’ t answer that question

 

Miles:  Could you tell me what provisions that are different from what you are currently doing… 

 

Sheriff : Dept of Public Safety would tell me who stays in my jail – who is illegal – INS tells me that , Public Safety doesn’t help me any

 

Miles:  Does bill provide for any change in process

 

Sheriff: No – we are doing this already.

 

 

Mike from (FAIR) – wanted to focus comments on testimony by MALDEF attorney.  On pre-emption:

  • She is completely wrong.  State has limits set by law/federal constitution… state can’t change status of immigrant… 
  • She failed to mention case in VA where we opposed … we said state admission officers could verify status…

 

As to Zamarippa’s comments

 

  • Am concerned about exempting Post Secondary education benefits – there is a parallel federal statute that says you must provide same benefit to every US citizen… (we do that already – non- state tuition wise)   There are conflicts with federal law there

 

Sheriff’s comments were wrong – requires systematic reporting to central location

 

We don’t have the hard data to make precise recommendations on policies such as these…Within a year you will have a consistent data base for illegal aliens – understanding what activities they are involved in…

 

 

We are gonna adjourn .. may have another public hearing before vote…

 

5:30

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Sen. Zamarippa

here today to consider some amendments…that perhaps a member of the committee can select to propose these amendments if they would

 

These are friendly amendments…

 

Kemp:  Before you talk to these amendments… Can you make sure we get amendments 24 hours before we vote?

 

Zamarippa:  Section 6 – Law enforcement – Under item A – provision kicks in if suspect arrested for one of the 7 deadly sins

 

This helps with local law enforcement work load

 

Bulk of my interest has been in section 7 – want to suggest

 

1)      Item C – Line 11 – Add two provisions – exemptions-

a.       Post Secondary education – cannot punish young men and women for sins of parents.  Can’t deny them their future because their parents brought them here illegally

b.      USC Sections 1611 and 1612 – these are substantive – and I ask that we include that list as part of the bill… there should be no confusion as to what is permissible and not permissible (this amendment will also expose things not spelled out – unless you are aggressive and look up the federal code – such exposure will excite folks who did not realize they would be affected by the bill)

2)      I am going to suggest in section 7 – Rogers has spelled out who has authority to promulgate rules – let’s add a promulgation provision to say who is gonna write the policies…   this is complicated material – we need to clarify for service providers

3)      Inside the promulgation provision – anyone denied services we need to have provision to refer them to someone else (church, etc)

4)      Next piece – a substantive add – one of the serious problems in management of immigration issue is pervasive use of fraudulent docs… makes it difficult for everyone.  REAL ID will probably help resolve…  Some fraudulent work takes place – in immigrant community where there are “notaries’ who take advantage of this community… they put these immigrants on path of committing felonies.  I suggest we address this issue to restrict what these folks can do (uses Spanish form of word “notaries) these folks are not notary publics….

5)      Last amendment – getting ready for federal immigration reform. US Congress has passed resolution relating to reform.  Senate will take up in March…  They will come up with omnibus bill with other provisions for worker permits… which will also give us some money (current bill asks us to do work with no money).  Any future reform will have money associated with it.  Consider Immigration Planning Office to provide source of information to service providers on what the laws are gonna mean…. The Office Of Immingration Information and Planning would help resolve the vagueries…

 

I will properly codify these in relation to the new substitute…. And will distribute

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Some supporting the bill

Rogers is now bring his folks from INS

 

They wish to answer questions on Law Enforcement supportment center and determination of citizenship

 

Robert Barron – Sr Immigration official in Georgia

 

With regards to who makes determination of citizenship – it is a trained immigration officer on the other end of the SAVE system…

 

(he exits)

 

(Ms.Pastor?) Worked 4 years at DFCS on eligibility – Medicaid system terribly abused by those not eligible.  Easier for illegal to abuse the system than a citizen.  As they have no valid SS number…  Citizens are verified and validated.  An illegal applicant – you have to take their word.  Because it is so easy to violate the system – emergency medical assistance case s—85% were illegal…  Same was the case with infants… they automatically have Medicaid for year… 

 

Very often illegal mother would go to health department (where they verify literally nothing) who takes as long as they want to get application back to DFCS…  

 

You are on the right track – should verify illegals just as legals

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Medical Community Speaks

Dr. Jason Kristowski (Emergency Medicine Physician) – talking of public health perspectives of this bill

 

California predated GA on a lot of these issues—Fed law trumps any state law to entitle any person on US soil to medical care.

 

Our ER’s are overwhelmed… more and more are uninsured – more aliens coming – more hospitals closing – where do they go.  And we are overwhelmed

 

Rogers said Georgia is largest producer of poultry … this industry is run heavily by undocumented aliens using fake social security cards paying taxes for benefits they will never see.

 

When avian flu comes – it will come via workers working with sick birds.  I know communicable diseases not included – but people come with wheeze and cough – not communicable disease – so what will happen is epidemic that exceeds are radar

 

I don’t want healthcare to be included – it should be excluded.  Immigrants are part of our community whether we like it or not.

 

I went to Med school because I wanted to help people – I think it is moral responsibility to help the sickness… But, under this bill, that could be the case…

 

Dr. George Rust, professor of Social Medicine at Morehouse

 

Kemp: Please skip over same comments

 

I have tremendous amount of experience caring for immigrant populations

 

I’d like to suggest that this bill has important negative consequences for health of all Georgians..

 

Comments confined to health impact:  Research – 50% of ER visits are primary care preventable conditions.  But this bill parses out what care is applicable to illegal immigrants with some arrogance that we can parse out the care in such a way as to not hurt someone.

 

 

Requiring docs, may create barrier to care for those that forget to bring their “papers? that day… so the treatment is delayed that muc longer

 

If you must pass the bill – delete all references to health – it is not necessary to support other reasons for this bill.  You won’t know a patient has a communicable disease until they examine the patient.

 

You should also exclude health as you don’t need another layer of bureaucracy – we don’t need more paperwork…

 

And if you pass with health references – don’t ask us to enforce.  These students here have not practiced in a time when there were separate waiting rooms and segregated hospital wings.  We have determined we won’t be part of it again.

 

This would violate our Hippocratic oath

Dr. Mercado (sp?)

 

Pediatrician for 15 years… comments are similar.  As a physician for grady – Health and Immigration should not be combined…. Main point is I am a physician  – I want to treat them not deal with barriers

 

Jesus Limus

 

I am Fulton County Resident – 3rd year at UCLA with MBA at Emory.  Am son of illegal immigrants who become legal in 1987.  I am story of achieving American dream…

 

Georgia has 280,000 undocumented illegal immigrants – I oppose this bill as it will have devastating impact on illegal aliens.  In terms of my nine siblings and me—we had immunization shots because my mother trusted American doctors.

 

When I treat – I see a brother or sister – not a legal or illegal alien

 

Many recent immigrants help make this country a better place.

 

With your support – more parents will get support, like mine, who will raise healthy children, Americans by birth, who are Americas future

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Now comes those opposed

Tricia Taulin (?) I am a licensed Georgia attorney… 

 

It is our opinion it is

  • Unconstitutional

            Because Fed Govt is sole entity to regulate immigration…

            I submitted Amicus Brief on section included in this bill in New Hampshire where it was found that using trespass ordinance – using state law to regulate presence was unconstitutional

 

            We are currently litigating Protect Arizona Now – with similar provisions found in this bill

 

  • Federal Law states say you can positively legislate – to provide benefits – you cannot negatively legislate because you are forced to create scheme to determine immigration status – you are asking state employees to determine status… you can’t do it under the Constitution – how are you going to create the scheme.
  • You can only verify status through Fed schemes – as they have a comprehensive scheme to classify people regarding immigration.  This is solely a Fed domain
  • No existing system for denial of state benefits – only federal

 

Other issues:

 

You don’t know how much this is gonna cost

 

Budget and Policy Institute – $200-250 million paid in local and state taxes

 

Bill is unrealistic as bill doesn’t take into account economic contribution of illegals and doesn’t account for drain on resources to enforce.

 

BPI – Medicaid expending $44 million in funds on illegals.  Compared to $250 million coming in … then illegals don’t take out more than they put in.

 

It’s inhumane

 

We are talking about this today because immigration laws are not working.  12 million undocument immigrants and only 10,000 work visas available –

 

This is not the state’s mandate – but Congress’ to do something about it.  We should urge Congress to solve… these piece meal approaches won’t deter

 

Notes murders and rape of illegals in Tifton….

 

Kemp: In respect to other people here – speak to the bill….

 

Some Senators asked question on jailer provision – we think it is unlawful to have jailer enforce immigration law – this is no different from law enforcement doing such. 

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Author’s wrap up

Rogers: I know we will meet again on this bill.  And I look forward to working with those that want to improve the bill.  This bill seeks to recognize federal law, recognize feds have gone out of their way to give tools to enforce federal law and that is what this bill seeks to do.

 

I will answer and questions as need be.

 

Butler:  Are there costs with verification – SAVE –

 

Rogers:  Costs – per charge processing fee – 20 cents…

 

Steen-Miles: What are the law enforcement issues we are trying to address/correct with this bill

 

Rogers: I don’t characterize as law enforcement issue but a public safety issue.  I think it is good for every community to have those with deportation orders removed…

 

Miles: Can you be more specific in terms with issues we are grappling with in Georgia:

 

Is it trafficking, homicides? What is the problem?

 

Rogers: if you have persons here illegally and they have felony warrants or deportation orders then removing them is a good thing. 

 

Miles; Give me some specific law enforcement issues that this bill addresses

 

Rogers:  I don’t know of any.  I would better phrase this as a public safety issue.  We are giving law enforcement a tool to remove these people.  I don’t understand why any citizen would oppose giving law enforcement this tool

 

Miles:  Do you have any estimate of costs by illegals

 

Rogers: No – other organizations do – a billion for education, emergency care – my issue is not the money – the law should be applied equally without regard to costs

 

We have list of 12,000 severely disable citizens eligible for benefits – if you remove illegals – then you allow one of these eligibles to receive benefits

 

Miles: I follow your logic – but would like to see numbers

 

Rogers: I don’t have that information – as cost is not my driving issue…  If you remove one person that is a good thing

 

(so much for using results based budgeting to determing viability of programs)

 

Kemp:  I appreciate your work on the bill and testimony.  Now, I want to give Zamarripa an opportunity

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