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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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Section 7

Section 7 (3:50)

 

Para A

 

Lines 3-8 – unless otherwise exempted by law (disease, K12) every agency shall verify lawful presence… if you are 18 and older.

 

Line 11 verification would not be made if not required by federal law…

Verification of lawful presence shall be conducted as follows:

 

1)      Affidavit by applicant

2)      If lawfully present – verify using VISIT, SAVE, or whatever exists at the time

 

REAL ID act requires our state participate in SAVE program – I assume we do that… (hmmm.. DMVS?)

 

State of Virginia is using SAVE to verify for all public benefits

 

Six features let you access Federal SAVE program

 

I think Georgia has MOU with SAVE program

 

SAVE works – another example (PILOT

 

Mike, did you help VA draft theirs?  Yes

 

Mike: VA law has been quite successful… developed from similar test placed on their drivers license.  Procedures have been in place a relatively short time now

 

Rogers: I want to add that SAVE program process takes less than a minute.  We are not burdening anyone.

 

That brings us to end of bill

 

Carter: Assume I am in country legally and ask to enroll my 4 year old in lottery funded pre-k – is the child excluded?

 

Rogers:  Is child excluded? No   Is childed verified? No  — Federal law allows K12 services

 

Carter :  Applicant is the child?
Rogers: Yes

 

Mike:: Federal law controls as to eligibility

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Continuing with Section 6

Section 6 – Verifying citizenship of folks arrested

 

Para 8 – when person is confined in jail – this is more clear than a simple traffic stop – whne that person is taken to jail – authorities shall determine nationality.  If not national, verify lawful admittance.  If not lawfully here – the jail keeper will use law enforcement support center to determine legality – or determine if other warrants are outstanding.

 

Rogers hands out doc showing that law enforcement support center is free – says this is example of federal govt establishing program to help locals enforce federal immigration law. 

 

Practical reality of section – if arrested and taken to jail….individual is removed

 

Kemp:  Are other states doing this now?

 

Rogers:  I don’t know… law enforcement support center has been successful  cites stats for the center…

 

Kemp: So, the people responsible for checing the info – is this the department or authority making the original arrest?

 

Rogers : Verification will be made in jail within 48 hours – procedure takes 20 mins

 

Butler: If individual from NC has accident and has accident does that qualify them as illegal?

 

Rogers: Will the NC license be disqualified under this code section?  That will be left up to those responsible for developing guidelines… (as defined in the bill)

 

Butler: You say persons at jail will take care of this – are all jails equipped to handle this inquiry?  Do they have access to the system?  Are they trained?

 

Rogers: I would certainly hope so.  This section does not alter the booking process… I would assume that every jail has contemplated idea that every jail has procedures for handling such…

 

Keller:  What you have got here is adding one other element that is trying to determine person’s nationality when they are booked in… I think every jail does a GCIC or NCIC check on inmates.  So outstanding warrants under normal procedures are check.  This simply adds LSC verification… 

 

Rogers: End result is you are only removing people you want to remove anyway

 

Carter: Section 6, Ls 14-17: what you are looking at is the booking officer is asked under this language to determine nationality of this person.  You are not asking that booking officer to do this at the time of confinement… aren’t you .. is the language clear here?

 

Rogers – we mean those currently processed into the jail

 

???: Are these people carrying the papers you need on them?  How do we make sure they carry these papers?

 

Rogers:  LSC knows who has deportation orders.  This section gets at legitimate ID – show a GA drivers license and we know you are here lawfully

 

Mike (H):  A US citizen with a foreign appearance – appears to me in the language – booker asks if you are a citizen?  Seems to me few would lie here as that is a serious felony (hmm… you are here illegally and suddenly you worry about a felony charge?)

 

Aliens are required to carry documents on their person at all times – it is a federal misdemeanor not to have these docs on you

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Now we are starting

Rogers:

 

Listed all the parties he has worked with to develop SB 529.

 

(The room is packed – business, minorities, 5 camera crews – a standing room only crowd in Room 310 of the Coverdell Office Building)

 

 

INA – Section 274 – unlawful employment of aliens:  defines making employment unlawful.  Part of 1986 Immigration Reform Act.

 

Says farm labor must subscribe to this prohibition.

 

Can’t continue to employ alien once you are aware that alien is illegal

 

Section 4: Labor through contract – a person who uses any form to obtain labor of unauthorized alien – is considered to have hired the alien.

 

(one wonders why we need the bill if all of this is already illegal

 

 

USCA 8-16-1611, 1641

 

 

 

Section 1611 – ineligible for public benefits – exceptions – emergency healthcare, immunizations, etc

 

A federal public benefit – defined any grant contract loan provided by agency of United States and any post-secondary education  by appropriated funds of the United States …

 

Section 1621 – State and Local Public Benefits – important to make distinction that this is a federal issue only – if it were only a federal issue – then why did they define state and local benefits here…

 

Rogers now wants to go through the bill:

 

Calls Attorney from FAIR to the table:

 

LC185343S – Committee Sub to SB 529

 

Mike (Hefman???) – not a licensed Georgia lawyer – his comments are from perspective of federal immigration law

 

Section 2 of the Bill

 

Public Employees and Public Contracts

 

Para A – Federal work authorization program (PILOT Program) – authorizes legal status of someone already hired.  Currently called BASIC PILOT program — $150 million in federal dollars to help with this program.  (Packet to committee has docs referring to the program)

 

Tony Brown – Society for HR Mgt – “I don’t know how I lived without PILOT�.  Allows you to electronically and instantaneously verify citizenship

 

 

 

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An Amendment to the Bill of Rights

Dana Blankenhorn has made a simple statement that should be emblazed upon the forehead of every policy maker:

America’s economic future requires every citizen have access to Internet resources, and full freedom to use them.

If you need to think about it, I’d start practice my hamburger making skills.

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An Amendment to the Bill of Rights

Dana Blankenhorn has made a simple statement that should be emblazed upon the forehead of every policy maker:

America’s economic future requires every citizen have access to Internet resources, and full freedom to use them.

If you need to think about it, I’d start practice my hamburger making skills.

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Sunrises and busy days

The sun was really pretty coming up this am… sigh, it is off to the office, crawl “under the dome”, and hear some bills one might question their purpose.

Here’s the To Do for the day

  1. Finish Agenda for House Science and Technology Committee meeting discussion on Tech bills in other states
  2. Attend Senate Science and Technology Committee meeting and hear the following bills
  1. SB 241 – allows electronic signatures on real estate closing documents – will greatly streamline closing process and search process for filed real estate documents
  2. SB 425 – also known as the “UnSpam” bill – this bill creates a “do not e-mail” list to “protect children from internet predators.”  Dana Blankenhorn has written on this one and so has the WSJ (at least an expose on the company).
  3. SB 394 -an ‘anti-phishing’ bill making it a computer crime to pretend to be a business
  4. SB 395 – A bill restricting cell service providers from “locking you in” to a contract that prevents them from making you sign up for a longer contract when you change plans or buy another phone
  5. SB 455 – aims to put brokers of cellphone numbers out of business
  •  Figure out sponsors for some agency legislation
  • Just gotta keep the head down and the memories of sunrise intact

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    Sunrises and busy days

    The sun was really pretty coming up this am… sigh, it is off to the office, crawl “under the dome”, and hear some bills one might question their purpose.

    Here’s the To Do for the day

    1. Finish Agenda for House Science and Technology Committee meeting discussion on Tech bills in other states
    2. Attend Senate Science and Technology Committee meeting and hear the following bills
    1. SB 241 – allows electronic signatures on real estate closing documents – will greatly streamline closing process and search process for filed real estate documents
    2. SB 425 – also known as the “UnSpam” bill – this bill creates a “do not e-mail” list to “protect children from internet predators.”  Dana Blankenhorn has written on this one and so has the WSJ (at least an expose on the company).
    3. SB 394 -an ‘anti-phishing’ bill making it a computer crime to pretend to be a business
    4. SB 395 – A bill restricting cell service providers from “locking you in” to a contract that prevents them from making you sign up for a longer contract when you change plans or buy another phone
    5. SB 455 – aims to put brokers of cellphone numbers out of business
  •  Figure out sponsors for some agency legislation
  • Just gotta keep the head down and the memories of sunrise intact

    Leave a comment

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