In April 2006, Governor Perdue signed into law the Georgia Security and Immigration Compliance Act (SB 529). The law went into effect on July 1, 2007. The Georgia Department of Labor will conduct random audits of public employers to ensure compliance with the law. Municipal officials should understand which provisions apply to cities and what is required to remain in compliance.

Generally speaking, what provisions of this law apply to cities in Georgia?
Provisions of the law that relate to cities include:

What are the requirements for employer verification?
O.C.G.A. 13-10-90 contains employer verification provisions. Every public employer in the state is required to verify information on new employees by registering and participating in a federal work authorization program called the Employment Eligibility Verification (EEV) program on or after July 1, 2007.

What is the EEV program?
The Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services Bureau (USCIS) and the Social Security Administration (SSA) are jointly conducting E-Verify, formerly known as the Basic Pilot program. E-Verify (EEV) involves verification checks of the SSA and DHS databases, using an automated system to verify the employment authorization of all newly hired employees. Cities must certify registration and participation in the EEV by sending a copy of all documents required for registration and participation to the city's "agency head."

Who is considered to be the "agency head" responsible for maintaining this documentation in my city?
It is not clear who is intended to be the "agency head", however, it is assumed this would be the city manager or administrator, city clerk, or mayor. Cities must also designate an employee to monitor and maintain files regarding the eligibility verification of all new hires. These files must be available for public inspection.

How can our city register with the EEV Program? Is there a cost to register?
Registration in the program is free, but cities must complete the online registration and accept the Memorandum of Understanding that outlines the responsibilities of all parties. If your city has any questions, requires assistance in completing the registration process, or needs additional information relating to E-Verify, please call the Department of Homeland Security Office of Verification toll free at 1-888-464-4218.

Where can I find more information about the new Georgia Department of Labor rules associated with SB 529?
The new rules can be viewed on the DOL website.

What is the deadline to comply with the employer verification provisions related to contractors?
Employers with 500 or more employees must comply beginning July 1, 2007. Employers with 100 or more employees have until July 1, 2008 to comply, and employers with fewer than 100 employees must comply by July 1, 2009.

O.C.G.A. 13-10-90 says that registration and participation in the EEV Basic Pilot Program is mandatory, but the website for the federal work authorization program says the EEV is voluntary. Are Georgia cities required to participate, or is the program voluntary?
The participation of Georgia cities in the EEV is mandatory. The federal government created the program and made it voluntary, but our state government has required the participation of all employers, including public employers such as cities.

What provisions in the law relate to city contracts?
O.C.G.A. 13-10-91 prohibits cities from entering into contracts if the contractor is not registered and participating in the EEV/ Basic Pilot federal work authorization program. Contractors and subcontractors must comply with the same timeline as cities for registering and participating in the program, based on the number of their employees. The city must maintain affidavits that assure compliance with this law, and these records must be made open for public review.

Among the required provisions are certification that the affidavits have been executed by the contractor and any subcontractor and that these affidavits are a part of the contract. The contract must also state that compliance with O.C.G.A. 13-10-91 and the DOL rule 300-10-1-.02 are conditions of the contract. Additionally, certification of the number of employees the contractor employs must be made part of the contract.

Where can I find sample affidavits and contract language to ensure our city's contractual arrangements are compliant with the law?
The Georgia Department of Labor website has sample language available.

What provisions of the state law pertain to law enforcement?
O.C.G.A. 42-2-14 requires that effective July 1, 2007, jailers must attempt to determine the nationality of persons who are confined in jail for felony or DUI charges. If the prisoner cannot prove legal immigration status, jailers are required to check with the Law Enforcement Support Center (LESC) of the Department of Homeland Security within 48 hours to verify the status of the prisoner. If the jailer finds the prisoner is not a legal US resident, Homeland Security must be notified.

What is the Law Enforcement Support Center (LESC)?
The Law Enforcement Support Center (LESC) serves as a national enforcement operations center by providing immigration status and identity information to local, state and federal law enforcement agencies on undocumented workers who are suspected, arrested or convicted of criminal activity. The LESC operates 24 hours a day, 7 days a week assisting law enforcement agencies with information gathered from 8 DHS databases, the National Crime Information Center (NCIC), the Interstate Identification Index (III) and other state criminal history indices. More information about the LESC is available on the US Immigration and Customs Enforcement website or by calling 802-872-6020.

What is the provision of the state immigration law that pertains to income tax withholding?
O.C.G.A. 48-7-101(i) provides that, effective July 1, 2007, cities must withhold 6% of an employee's compensation for state income tax if the income is reported on a Form 1099 and the employee did not provide a correct tax ID number or provided a tax ID number issued for nonresident aliens. If the city fails to do this, the city is liable for that tax amount.

What section of the law deals with applications for benefits?
O.C.G.A. 50-36-1 stipulates that beginning July 1, 2007, cities must verify the legal immigration status of any person 18 years or older who applies for state or local public benefits as defined in federal law under 8 U.S.C. Section 1621, which includes "any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government," with certain exceptions. Cities must also check the immigration status of persons applying for federal benefits under 8 U.S.C. Section 1611, but no one may be denied emergency health services. Because of the complexity of this particular provision, it is important you consult your city attorney about its applicability to your city.

Who can I contact for more information about the state's new immigration law?
For more information about provisions of the law that may apply to your city, please contact your city attorney.