Judge blocks some key provisions of Georgia’s House Bill 87 but requires verification of work authorization
Posted by Harsharn Makkar
Today, Judge Thrash blocked the following provisions of HB 87, which are as follows:
1. Local police officers may not inquire about immigration status because such discretion would result “…in inconsistent civil immigration policies not only between federal and state governments, but among law enforcement jurisdictions within Georgia.”
2. Police may not arrest for (1) transporting or moving an illegal alien in a motor vehicle, (2) concealing, harboring or shielding an illegal alien from detection, and (3) inducing, enticing, or assisting an illegal alien to enter Georgia.”
However, the Court ruled that states can regulate the employment relationship under its police power, which means that employers must check for work authorization unless there is contrary ruling. In other words, effective January 1, 2012, Georgia employers with 500 or more employees do need to use E-Verify (federal work authorization data base) to confirm the employment authorization status of newly-hired employees. Georgia employers with 100 or more employees are required to implement the program no later than July 1, 2012 and employers with more than 10 employees must begin using E-Verify effective January 1, 2013.
Are all Georgia Employers required to participate in E-Verify?
Posted by Harsharn Makkar
Not all Georgia businesses need to participate in E-Verify. However, Georgia employers with 500 or more employees do need to use E-Verify (federal work authorization data base) to confirm the employment authorization status of newly-hired employees effective January 1, 2012 according to the Illegal Immigration Reform and Enforcement Act of 2011 (otherwise known as HB 87). Georgia employers with 100 or more employees are required to implement the program no later than July 1, 2012 and employers with more than 10 employees must begin using E-Verify effective January 1, 2013.
HB 87 defines “employee” as anyone working 35 hours or more a week. One of the problematic provisions is the affidavit requirement, which requires that the employer has complied with E-Verify provision, to obtain a new or renew business license. Additionally, it authorizes the Georgia Attorney General to conduct investigations and bring criminal or civil charges to ensure compliance with the use of E-Verify. This bill will have immediate impact on Georgia's businesses, especially those in an industry, which have large populations of unskilled labor, such as tourism, hospitality, construction, agriculture, and restaurants because it will drive those workers away from the state.
Even though ACLU along with other civil organizations have filed a lawsuit to block Georgia's immigration bill, Georgia employers cannot afford to simply wait and hope for the best approach since the U.S. Supreme Court has upheld the State of Arizona’s ability to penalize employers who employ unauthorized aliens in Chamber of Commerce v. Whiting (May 26, 2011). http://www.law.cornell.edu/supct/html/09-115.ZS.html
The Court’s approval of the Arizona Act means employers with offices in multiple states need to review their employment verification policies to ensure I-9 compliance. In addition, all Georgia employers need to properly train their staff but especially those employers who often hire on the spot or in a hurry to pick ripe crops or complete a construction project to ensure that the hiring manager understands the obligation to verify while avoiding discrimination issues.
Unfortunately, those with deficient employment policies or procedures in place or who fail to comply face disastrous consequences such as substantial civil monetary penalties and even criminal sanctions.
What is E-Verify?
Posted by Harsharn Makkar
E-Verify (Employment Eligibility Verification Program) is an Internet-based system that allows participating employers to electronically verify the employment eligibility of their newly hired employees. The system is designed to confirm employment eligibility with Social Security Administration and check for work visas with Department of Homeland Security. The participation in this program is voluntary and it is free. However, a number of states do require certain employers such as federal contractors to participate and comply with federal work authorization verification program. The program also allows employers to compare photos of new hire’s employment authorization documents (EAD) or permanent resident (Greed Card) against nearly 15 million images stored in the Department of Homeland Security (DHS) databases. In addition, USCIS has improved contact services to obtain program information and assistance. To learn more about the program visit: www.dhs.gov/E-Verify. Finally, employers can learn about the program and training in Atlanta, visit http://www.dhs.gov/xabout/gc_1177436339963.shtm
