Georgia Immigration Law Training Seminar for Counties and Cities

1. Georgia Immigration Law Training Seminar for Counties and Cities Presented by ACCG and GMA December 8, 2011

2. Program Overview E-Verify County and City Usage Contracts Private Employers SAVE Enforcement Other Requirements Question and Answer Session

3. E-Verify County and City Usage

4. What is E-Verify? It is a Web-based system that electronically verifies the employment eligibility of newly hired employees. E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program. It works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against records in SSA's database and the records in the DHS immigration databases.

5. E-Verify and SAVE Distinctions E-Verify is used to verify the employment eligibility of U.S. and non-U.S. Citizens SAVE is used to verify the legal status of non-U.S. citizens to determine eligibility for public benefits

6. How Do I Comply with City and County Usage Requirements for E-Verify? Register and Participate in the Federal E-Verify Program Require All New Employees to Complete an I-9 Form Maintain a Current E-Verify Account Post E-Verify Number and Authorization Date on Website

7. Who Do I Need to Verify? All new employees Cannot be used for screening potential employees Cannot be used for existing employees

8. When Do I Need to Verify?

9. Where Can I Find a Current I-9 Form?

10. Handbook for EmployersInstructions for Completing Form I-9at http://www.uscis.gov/files/form/m-274.pdf

12. E-Verify: How it Works Initial verification will return one of three results within seconds: Employment Authorized The employee is authorized to work SSA Tentative Non-Confirmation There is an information mismatch with SSA DHS Verification in Process DHS will usually respond within 24 hours with either an Employment Authorized or DHS Tentative Non-Confirmation

13. E-VERIFY PROGRAM 13 August 6, 2008

14. E-Verify: Case Resolution If Employment Authorized, the employer records the system-generated verification number on the Form I-9 or can print out the E-Verify Confirmation Sheet and attach to the Form I-9. If Tentative Nonconfirmation, the employee can contest the finding and then: Social Security Number mismatches are resolved with SSA Non-citizen status mismatches are resolved with DHS If the employee chooses not to contest, it is considered a Final Nonconfirmation and the employer may terminate the employee and resolve the case.

15. E-VERIFY PROGRAM 15 August 6, 2008

16. Tentative Non-Confirmation (TNC) Inform the employee and print and review the TNC notice with the employee. The employee chooses to �contest� or �not contest� the TNC. Refer the employee to the appropriate agency if the TNC is contested. The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.

17. TNC Case Resolution Employee continues to work while the case is being resolved. Once the employee resolves the discrepancy in his or her records, they should inform the employer. With both a SSA TNC and a DHS TNC, a response is electronically sent to the employer through the system. The employer should check E-Verify periodically for the response.

18. TNC Case Resolution (Continued) The employer will receive one of three results: Employment Authorized Final Nonconfirmation Review and Update Employee Data then Resubmit The employer then resolves the case in E-Verify.

19. Other Requirements of E-Verify:

21. Further Assistance Needed Contact DHS at E-Verify@dhs.gov or at 888-464-4218

22. Posting E-Verify Information Must post E-Verify ID number and date of authorization on county or city website If no website is available, this information must be posted on the CVIOG website at https://ted.cviog.uga.edu/financial-documents/everifysearch

25. Recap of County and City E-Verify Usage Register for and use E-Verify Require all new employees to complete an I-9 Form Maintain a current E-Verify account Verify all new hires within 3 business days of hire Post E-Verify number and authorization date on government or CVIOG website

26. E-Verify Contract Requirements

27. E-Verify Public Contract Requirements Applies to All Public Employers Applies to all Contractors, Subcontractors or Sub-Subcontractors with Employees who Contract with Public Employers Relates to Contracts for the Physical Performance of Services

28. O.C.G.A. � 13-10-90 "Physical performance of services" means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process.

29. What are Contracts for the Physical Performance of Services? Attorney General�s Advice to State Agencies Applies to public works contracts and contracts for the maintenance, operation and repair of buildings or structures When in doubt, ask for an affidavit

30. Contractor Affidavit Requirements Must state that Contractor is registered for and using E-Verify Must contain User ID Number and Date of Authorization Must guarantee that Contractor will use E-Verify throughout the duration of the contract period Must guarantee that Contractor will only contract with Subcontractors who present E-Verify Affidavit Must be signed and notarized

31. Who is Responsible? Counties and cities are responsible for the Contractor Affidavit Contractors are responsible for the Subcontractor Affidavits Subcontractors are responsible for the Sub-Subcontractor Affidavits

35. Where to Find Contractor Affidavits Department of Audits and Accounts Website http://www.audits.ga.gov/NALGAD/section_3_affidavits.html

36. What if the Contractor/Subcontractor/Sub-subcontractor has No Employees? No Affidavit Required Must provide a copy of the state issued drivers license or ID (only from states that verify immigration status and are approved by the AG�s Office) If employees are hired at a later time, must comply with E-Verify Affidavit requirements

38. E-Verify Contractor Reporting Requirements Every public employer must submit an E-Verify Contractor Report annually to the Department of Audits by December 31st

39. What Information Should be Included in the Report? Public Employer�s E-Verify Number Public Employer�s Date of Authorization to use E-Verify Legal name, address, and E-Verify Number of Contractor Date of the contract between Public Employer and Contractor

40. What Type of Contracts Should be Included in the Report? Contracts for the physical performance of services, which must include: Public Works Contracts Contracts for the maintenance, repair and operation of buildings and structures Discuss further broadening of scope of reported contracts with your county or city attorney

41. What is the Reporting Period? Any contract for the physical performance of services entered into between the public employer and contractor from July 1, 2011 through November 30, 2011

42. How Do I Submit My Report? To access the reporting website, go to the following page on the Department of Audits website: http://www.audits.ga.gov/NALGAD/IllegalImmigrationReformandEnforcementAct.html. Reports can be submitted electronically or by mail

44. Submitting the Report Once you have accessed this page, click on �Compliance Report Template and Instructions� located under the Section 3 information. After clicking on that tab, you will land on the instructions page. The report form is located on a separate tab located to the left of the instructions tab labeled �Report Form.�

46. Submitting the Report Review the general instructions located under the �Report Form Instructions� tab and send the email request to the Department of Audits for instructions on how to submit the report electronically. To request the electronic instructions, send an email to HB_87@audits.ga.gov with the subject line �Request HB 87 Instructions.�

47. Questions about Submitting Report Contact the Department of Audits at 404-656-9145 or at HB_87@audits.ga.gov.

48. Public Employer Penalties

49. Loss of Qualified Government Status

50. Appeals

51. Constitutional Officers

52. False Statement Penalties

54. Good Faith Presumption

55. Audits The Department of Audits is required to conduct compliance audits on at least half of reporting agencies and publish the results annually by September 30th The Department of Labor is required to conduct 100 random audits of public employers

56. Recap of E-Verify Contractor Requirements for Counties and Cities Require all contractors hired for the physical performance of services to sign and submit an E-Verify Contractor Affidavit Maintain all E-Verify affidavits for 5 years Submit annual compliance report to the Department of Audits by December 31st Only hire individuals/businesses with no employees for contracts for the physical performance of services if they are from a verification compliant state as authorized by the AG�s office

57. E-Verify Requirements for Private Employers

58. Phase-In Requirements

59. Private Employer Affidavit Requirements Before issuing or renewing a business license, occupation tax certificate, or other documents required to operate a business, the city or county must require the private employer to: Submit an affidavit that they are registered and using E-Verify OR Demonstrate they are not covered by the law

60. Where Can I Find The Private Employer Affidavit? The AG�s Office Website http://law.ga.gov/00/channel_title/0,2094,87670814_167693491,00.html

62. E-Verify Private Employer Reporting Requirements Submit report to DCA annually by December 31st beginning on December 31, 2012 Must identify each license and certificate issued during the previous 12 months.

63. Private Employer Restrictions Once private employer has submitted the affidavit with their E-Verify number, they can ONLY renew with the same number Exception: The can renew with another E-Verify number if they provide a sworn document explaining the reason for a new or different E-Verify Number

64. Penalties

65. Penalties

66. Potential Defenses

67. AG�s Authority

68. Audits The Department of Audits is required to conduct compliance audits for 20% of reporting agencies

69. Recap of E-Verify Private Employer Requirements for Counties and Cities Require all private employers (as they are phased in) seeking an occupation tax certificate/business license or other required document to sign and submit the E-Verify Private Employer Affidavit or provide proof of exemption Submit annual report citing all licenses and certificates issued for the preceding 12 months to the Department of Audits starting on December 31, 2012

70. Steps To Take To Ensure Compliance With E-Verify for Your Government Use E-Verify for every new hire Check in to E-Verify every two months to renew password and keep account current Properly maintain records used in relation to the E-Verify program Require all contractors doing business with your local government for the physical performance of services to sign and submit the E-Verify Contractor Affidavit Require all private employers seeking an occupation tax certificate/business license/other required document to sign and submit the E-Verify Private Employer Affidavit or Exemption Affidavit Publish Employer ID# and Date of Authorization on your government website or the CVIOG website Submit both required E-Verify reports by Dec. 31st on an annual basis to the Department of Audits

71. SAVE

72. What is the SAVE program? The Systematic Alien Verification for Entitlements (SAVE) program is operated by the Department of Homeland Security division of the United States Citizenship and Immigration Services (USCIS) Used to determine the legal status of individuals seeking federal, state or local public benefits through benefit granting agencies

73. How Do I Register for the SAVE Program? 1. Step One: Online registration https://save.uscis.gov/Registration/Reglogin.aspx?JS=YES 2. Step Two: Submit the ACCG/GMA Check List 3. Step Three: Sign and Submit the MOA Packet

74. Terms of Notice Agreement

75. Signing up for the SAVE Program

76. First step of Registration

78. SAVE Program Registration Confirmation

79. Completing Online Registration

80. Begin SAVE Program Registration

81. Entering the Agency Name

82. Entering the Agency Point of Contact

83. Selecting the Public Benefits

84. SAVE Checklist

85. Entering the Legal Authority

86. Where Do I Access the SAVE Website? https://save.uscis.gov/web

87. How Do I Use the SAVE Affidavit? The affidavit should be used when anyone meeting the definition of �applicant� applies for a public benefit with your government If the person requesting the benefit is not a U.S. Citizen, their alien ID number submitted with the affidavit must be verified through the SAVE system

88. Sample Affidavit

89. Who is an Applicant? An �applicant� is any natural person, 18 years or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership or other private entity. O.C.G.A. � 50-36-1(a)(3)

90. Who can be verified through SAVE? Immigrants Non-immigrants It CANNOT be used to verify U.S. Citizens

91. What is a Public Benefit? Federal Public Benefit Definition State and Local Public Benefit Definition Statutory List of Benefits Public Benefits that Apply to Local Governments AG�s List of Public Benefits

92. Federal Public Benefit 8 U.S.C. Section 1611 (c) (1) defines �federal public benefit� as: �any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and � any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. �

93. State and Local Public Benefit 8 U.S.C. Section 1621 (c) (1) defines �state and local public benefit� as: �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; and � any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.�

94. List of Public Benefits in Statute Adult Education Cash Allowance Disability Insurance Down Payment Assistance Energy Assistance Food Stamps Gaming License Health Benefits Housing Assistance Medicaid Occupational License Professional License Rent Assistance State Grant or Loan State ID Card TANF Unemployment Insurance Welfare to Work

95. List of Public Benefits in Statute Business certificate, license or registration Business loan Loan guarantee Registration of a regulated business Tax certificate required to conduct a commercial business Authorization to conduct a commercial enterprise or business

96. ACCG/ GMA Public Benefits List Commercial Licenses/Occupational Taxes Alcoholic Beverage License Occupation Tax Certificates Taxicab Licenses Insurance Company Licenses (Cities only)

97. ACCG/ GMA Public Benefits List Employee Benefits Retirement Health Disability

98. ACCG/ GMA Public Benefits List Contracts Miscellaneous Licenses: Auctioneers Transient businesses Pawn brokers Massage therapists Billiard rooms operations Fortune telling and palmistry Precious metals and gem dealers Flea markets Peddlers and itinerant peddlers

99. Reporting Requirements Submit annual report to Department of Community Affairs by January 1st each year Identify all benefits administered by the county or city Identify all benefits for which SAVE authorization for verification has not been achieved

100. Public Benefits Reporting

101. Steps To Take To Ensure Compliance With SAVE Register for the SAVE program Annually renew SAVE registration Document all correspondence with DHS Check with your county or city attorney in the event the SAVE system is unable to verify an alien ID number Use the sample affidavit form for all departments that provide public benefits Review the annual list of benefits prepared by the AG�s Office with your county or city attorney to determine if they apply to your government Submit annual public benefits report to DCA by January 1st Use secure and verifiable documents

102. Review E-Verify No charge to use Use for all new hires All private employers seeking occupation tax certificates must provide affidavits All contractors, subcontractors, and sub-subcontractors doing business with the government must provide affidavits Post E-Verify ID # & authorization date on govt or CVIOG website Submit both annual reports by December 31st to the Department of Audits Only accept drivers� license & ID�s listed by AG�s office Penalties for Noncompliance SAVE 50� per inquiry/$25 month Use for public benefit eligibility Only use for non-U.S. citizens Require all applicants to sign affidavit Submit annual public benefits report to DCA by January 1st Only accept secure and verifiable documents as provided by the AG�s office Penalties for noncompliance

103. Enforcement

104. Immigration Enforcement Review Board Seven members Attached to Department of Audits All matters determined by majority vote

105. Duties Review and investigate complaints Take remedial action (hold hearings and compile evidence) Subpoena relevant documents and witnesses Only applies to State and local governments

106. Filing and Investigating Complaints Complaints May be Filed by Legal Residents that are Legally Registered to Vote Method to File Posted on the Department of Audits� Web site

107. Board Meetings Must meet once every three months Required to send notice Must issue written report of findings Evaluations Judgments Recommendations

108. Reviews and Hearings Initial reviews by panel of one or more members Must issue initial decision within 60 days If adverse, have 30 days to comply If not, sanction recommended

109. Sanctions Only apply if knowingly and willfully violated law Apply to individuals May be appealed to full Board Must appeal within 30 days of sanction Full Board may affirm, overturn or modify initial decisions and sanctions Attorney General brings civil action to enforce compliance

110. Penalties  Fines of up to $10,000 for intentional and knowing failure by agency heads to comply Sanctions of $1000-$5000 for knowing and willing failure to comply Removal from office High and aggravated misdemeanor charges Fines of $1000 and up to 12 months in jail for knowingly accepting fraudulent documents Loss of qualified government status Loss of state appropriated funds

111. Secure and Verifiable Documents

112. Secure and Verifiable Documents AG�s Office is required to publish an annual list of acceptable documents by August 1st of each year Requirement to use these documents takes effect January 1, 2012 Applies to any purpose that requires the presentation of identification by a government Must be used with SAVE affidavit

113. Examples of Acceptable Secure and Verifiable Documents

114. United States Passport or United States Passport Card Passports are issued to citizens and non-citizens owing allegiance to the United States.

115. United States Uniformed Services Privilege and Identification Card Military ID cards come in many different forms. The smart card issued to active duty and reserve members is to the right. Tan cards are issued to dependents of members, red to retired reservists, blue to retirees, and green to reservists.

116. Driver�s Licenses and Identification Cards The list of Secure and Verifiable Documents issued by the Office of the Attorney General of Georgia includes driver�s licenses and identification cards from all states in the United States, the District of Columbia, Puerto Rico, Guam, the Northern Marianas Islands, the U.S. Virgin Islands, American Samoa, or the Swain Islands as long as the card has a photograph and identifying information. Because of the sheer number of cards which would fall under this part of the list, cities and counties would be wise to evaluate each individual card or driver�s license as they are presented to the city or county.

117. Tribal Identification Card Cards must be from a federally recognized Native American tribe and contain a photograph and identifying information. There is a very large number of Native American tribes and many have their own identification card. For a full list of federally recognized tribes, please check: http://www.bia.gov/whoweare/bia/ois/tribalgovernmentservices/tribaldirectory/index.htm . Below is a sample ID card from the Cherokee Nation.

118. United States Permanent Resident Card or Alien Registration Receipt The United States Permanent Resident Card (Form I-551) was formerly known as the Alien Registration Receipt Card (I-151). The card is also commonly known as a �green card� due to many versions having a green hue.

119. Employment Authorization Document (EAD) This document is commonly known as a �work permit� and allows a recipient to legally work in the United States. The document must contain a photograph.

120. Passport of a Foreign Government There are nearly 200 countries in the world, many of which issue passports. Passports from foreign countries must be assessed on an individual basis. Below and above are sample from covers from a few select countries.

121. Merchant Mariner Document or Credential issued by the United States Coast Guard A Merchant Mariner Credential will replace the Merchant Mariner Document as they are phased out and looks like a passport. A sample is to the right. A Merchant Mariner Document is also known as a Z-Card and is about the size of a driver�s license. It is being phased out of use. A sample is below.

122. Free and Secure Trade (FAST) Card The Free and Secure Trade program enacted to expedite trade between the United States and Canada and the United States and Mexico. FAST driver cards are travel documents for expedited entry into the United States to approved drivers making qualified trips.

123. NEXUS Card The NEXUS program allows pre-screened travelers expedited processing by Canadian or United States officials for air, land and sea travel.

124. Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Card The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Program allows pre-screened travelers expedited processing by United States or Mexican officials for land, air or sea travel.

125. Canadian Driver�s License Canada has thirteen total provinces and territories. Therefore, when shown a Canadian driver�s license local government employees should research the license themselves. A few sample Canadian driver�s licenses are provided here.

126. A Certificate of Citizenship issued by the United States Department of Citizenship and Immigration Services (USCIS) The Certificate of Citizenship (Form N-560 or Form N-561) is a document issued by the United States government as proof of citizenship.

127. A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) A Certificate of United States Naturalization (Form N-550 or Form N-570) is a document issued by the United States government which proves a person has obtained citizenship through naturalization.

128. Other Secure and Verifiable Documents The Office of the Attorney General of Georgia created a catch-all in the list of Secure and Verifiable documents requiring acceptance of documents for proof of or documentation of identity if so required by federal law. Such documents are deemed �secure and verifiable documents� by the Attorney General of Georgia.

129. Unacceptable Forms of ID Matricula Consular de Alta Seguridad Matricula Consular Card Consular Matriculation Card Consular Identification Card

130. Important Websites Department of Audits http://www.audits.ga.gov/NALGAD/IllegalImmigrationReformandEnforcementAct.html Department of Community Affairs http://www.dca.ga.gov/PBRegistration/LocalPBReg/Index.aspx Department of Law http://law.ga.gov/00/channel_title/0,2094,87670814_167693491,00.html

131. Questions?