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History of Anti-Immigrant Legislation in 2006 – Present

For more than a decade, the Georgia legislature has passed anti-immigrant legislation attacking various aspects of an immigrant’s life in the state. Below, we list and summarize some of the legislation. Our hope is that working together, we can repeal all of these unjust laws and start enacting legislation that protects and defends the human rights of immigrant and refugee communities in our state.

2017 HB 37 . Bans private colleges and universities from adopting pro-immigrant “sanctuary” policies. . Threatens loss of state and federal funding, unless there is cooperation with federal officials or law enforcement officers to provide ICE and other federal officials with students’ personal information. Sponsors: 1. Earl Ehrhart – 36th 2. – 116th 3. – 156th 4. Chuck Williams – 119th 5. – 166th

Link: . http://www.legis.ga.gov/Legislation/20172018/170183.pdf

HB 452 . Empowers the Georgia Bureau of Investigation (GBI) to create a system compliant with federal law that would post certain information about undocumented individuals released from federal custody within Georgia on the internet. . Expands the definition of domestic terrorism such that 1st Amendment protected protests could potentially be viewed as domestic terrorism. . Overrides free speech rights by allowing felony charges to be based on tactics protest groups may use. Sponsors: 1. Jesse Petrea – 166th 2. – 161st 3. – 32nd 4. – 34th

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5. – 147th 6. —45th Link: . http://www.legis.ga.gov/Legislation/20172018/170729.pdf

2016 SB 269 . Requires local governing bodies to annually affirm that they follow current Georgia immigration law in regards to the prohibition on enacting sanctuary immigration policies. Sponsors: 1. Jesse Stone – 23rd 2. Bill Health – 31st 3. Bruce Thompson – 14th 4. , Jr. – 3rd 5. P.K. Martin IV – 9th 6. Mike Dugan – 30th Link: . http://www.legis.ga.gov/Legislation/20152016/162258.pdf

2014 HB 714 . Prohibits unemployment benefits to non-citizens who provide services in an educational institution unless the non-citizen “was lawfully admitted for permanent residence at the time such services were performed and was lawfully present for purposes of performing such services.”

Sponsors: 1. Mark Hamilton – 24th 2. John Meadows – 5th 3. – 72nd 4. – 141st 5. Jay Powell – 171st 6. Jan Jones – 47th Link: . http://www.legis.ga.gov/Legislation/20132014/144806.pdf

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2012 HB 797 . Authorizes the Georgia Charter Schools Commission to review the citizenship and immigration status of each individual who works at a state charter school and aggregate that information annually. . Requires state charter schools to give preference to hiring a United States citizen or national, over another individual who is not a citizen. Sponsors: 1. Jan Jones – 46th 2. – 97th 3. Edward Lindsey – 54th Link: . http://www.legis.ga.gov/Legislation/20112012/127650.pdf

2011 HB 87: “Illegal Immigration Reform & Enforcement Act of 2011” . Requires every public employer including municipalities and counties to register and participate in the Federal Work Authorization program operated by the Department of Homeland Security to verify the employment eligibility of all newly hired employees. . Requires political subdivisions to file annual compliance reports with the state auditor and empowers the auditor to punish out-of-compliance entities. . Mandates agencies that provide a public benefit to only give those benefits to applicants who submit a signed and sworn affidavit verifying the applicant’s lawful presence in the United States. . Establishes a misdemeanor or felony charge for someone who violates the law and also “knowingly induces, entices, or assists” an undocumented immigrant to enter Georgia. . Establishes a felony charge for anyone who induces an undocumented immigrant to enter Georgia with the intent of making a profit or receiving anything of value. . Authorizes police officers to demand identification documents of anyone subject to a “criminal investigation” thereby compelling all people in Georgia to carry identification documents at all times to be able to prove citizenship or immigration status. . Mandates proof of citizenship requirement for obtaining business licenses or individual professional licenses. . Establishes the broadly powered “Immigration Enforcement Review Board” which can take non-compliance complaints, investigate, determine non-compliance, and then assess punishment for violations of portions of the Act applicable to public agencies and employees. Punishment for violations include: (1) Revocation of qualified local government status; (2) Loss of appropriated state funding; (3) Monetary fines – not less than $1,000 or more than $5,000.

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Sponsors: 1. Matt Ramsey– 72nd 2. – 34th 3. – 13th 4. Rick Austin – 10th 5. Stephen Allison – 8th 6. Edward Lindsey – 54th

Link: . http://www.legis.ga.gov/Legislation/20112012/116631.pdf

2010 SB 136 . Requires the Georgia Department of Corrections and the State Board of Pardons and Paroles to participate in the Rapid Removal of Eligible Parolees Accepted for U.S. Immigration and Customs Enforcement Transfer (REPAT) Program or a similar federal program. The purpose of REPAT is to deport non-citizens within prisons in Georgia. This codifies the terms of a Memorandum of Understanding between Georgia and U.S. Immigration and Customs Enforcement (ICE). Sponsors: 1. John Douglas – 17th 2. Chip Rogers – 21st 3. Ronnie Chance – 16th 4. Cecil Stanton – 18th 5. – 49th 6. David Shafer – 48th Link: . http://www.legis.ga.gov/Legislation/20092010/107530.pdf

SB 308 . When a non-citizen applies for a weapon carry license or renewal of a license, probate court judges are required to direct the law enforcement agency to conduct a search of ICE records to determine the individual’s qualifications. . When an individual with a non-immigrant status applies for a weapon carry license or renewal of a license, he or she must provide an exception within 18 U.S.C. 507 Section 922(y) that applies to them.1

1 18 U.S.C. 507 Section 922 (y) exceptions are: those in the US for the purpose of hunting; individuals who are officials or official representatives of a foreign government; and, individuals who are law enforcement officers of a friendly foreign government in the US for law enforcement business.

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Sponsors: 1. Mitch Seabugh – 28th 2. Chip Rogers – 21st 3. Preston Smith – 52nd 4. – 45th 5. – 53rd 6. John Wiles – 37th Link: . http://www.legis.ga.gov/Legislation/20092010/107563.pdf

2009 HB 2 . Requires every public employer subcontractor to verify employment eligibility of all newly-hired employees through the federal work authorization program. . Requires officers at the county jail to make a reasonable effort to verify lawful status of non-citizens charged with: a felony, driving under the influence, driving without a license, or with a misdemeanor of a high and aggravated nature. If the imprisoned individual is found to have entered the US unlawfully, the jail officer is to notify the Department of Homeland Security. . Mandates agencies providing a public benefit to require applicants to sign a sworn affidavit verifying they are over 18 years old and have legal presence in the US. o Public benefits include: (i) Adult education; (ii) Authorization to conduct a commercial enterprise or business;(iii) Business certificate, license, or registration; (iv) Business loan; (v) Cash allowance; (vi) Disability assistance or insurance; (vii) Down payment assistance; (viii) Energy assistance; (ix) Food stamps; (x) Gaming license; (xi) Health benefits; (xii) Housing allowance, grant, guarantee, or loan; (xiii) Loan guarantee; (xiv) Medicaid; (xv) Occupational license; (xvi) Professional license; (xvii) Registration of a regulated business; (xviii) Rent assistance or subsidy; (xix) State grant or loan; (xx) State identification card; (xxi) Tax certificate required to conduct a commercial business; (xxii) Temporary assistance for needy families (TANF); (xxiii) Unemployment insurance; and (xxiv) Welfare to work. o The Attorney General is required to prepare an annual report in which he or she may add or remove applicable benefits.

Sponsors: 1. Tom Rice – 51st 2. Allen Peake – 137th 3. Edward Lindsey – 54th 4. – 12th

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Link: . http://www.legis.ga.gov/Legislation/20092010/96748.pdf

SB 20 . Relates to local government and immigration verification requirements. . Allows state agencies that provide funding to local governing bodies to require certification of compliance to this Code as a condition of funding. . Prohibits local governing bodies from enacting, adopting, implementing, or enforcing any sanctuary policy including through an initiative, referendum, or any other process. . Penalizes local governing bodies which violate this code by withholding state funding with minimal exceptions. Sponsors: 1. Chip Pearson – 51st 2. Chip Rogers – 21st 3. Mitch Seabaugh – 28th 4. Tommie Williams – 19th 5. Jeff Mullis – 53rd Link: . http://www.legis.ga.gov/Legislation/20092010/96943.pdf

SB 82 . Modifies Georgia Code Title 10, Commerce and Trade, definition of “Personal Identification Card.” . Now, a driver’s license or identification card must be “current and unexpired.” . Also allows work authorization from the U.S. Citizenship and Immigration Services of the Department of Homeland Security that includes the individual’s name, address, and photograph to be a sufficient personal identification card.

Sponsors: 1. Renee Unterman – 45th 2. Ronnie Chance – 16th 3. Cecil Staton – 18th Link: . http://www.legis.ga.gov/Legislation/20092010/96901.pdf

2008 SB 169 . Defines eligibility for postsecondary education student loans. . If a student is NOT a U.S. Citizen or Permanent Resident who meets the definition of an eligible non-citizen under Federal Title IV requirements, he or she is ineligible for the loans.

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. Eligible Non-Citizens defined under Title IV requirements include: (1) U.S. National; (2) U.S. Permanent Resident; (3) An individual in possession of an Arrival Departure Record (I-94) from USCIS; (4) An individual in possession of a T-Visa or where an individual’s parents have a T-1 non-immigrant status; (5) An individual who is a battered immigrant-qualified non-citizen who is a victim of abuse by his/her citizen or permanent resident spouse; and, (6) Citizen of Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. Sponsors: 1. Bill Hamrick – 30th 2. Seth Harp – 29th 3. Michael Meyer von Bremen – 12th 4. David Adelman – 42nd 5. Johnny Grant – 25th 6. J.B. Powell – 23rd Link: . http://www.legis.ga.gov/Legislation/20072008/85626.pdf

SB 350 . Requires a reasonable effort to be made to determine the nationality of persons convicted of driving without a license, anyone charged with a felony, or someone charged with driving under the influence, who is confined in jail. . Creates a new felony level crime upon the 4th conviction in a 5-year period for driving without a valid license. Sponsors: 1. John Wiles – 37th 2. Chip Rogers – 21st 3. Mitch Seabaugh – 28th 4. Jack Murphy – 27th 5. Eric Johnson – 1st 6. Don Thomas – 54th Link: . http://www.legis.ga.gov/Legislation/20072008/84748.pdf

SB 492 . Prohibits non-citizen students from being classified as “in-state” for tuition purposes, unless the student is legally in the state and the Board of Regents determines their in- state classification. . Lawful permanent residents, refugees, asylees, or other eligible non-citizens as defined by Federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification.

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. Eligible Non-Citizens defined under Title IV requirements include: (1) U.S. National; (2) U.S. Permanent Resident; (3) An individual in possession of an Arrival Departure Record (I-94) from USCIS; (4) An individual in possession of a T-Visa or where an individual’s parents have a T-1 non-immigrant status; (5) An individual who is a battered immigrant-qualified non-citizen who is a victim of abuse by his/her citizen or permanent resident spouse; and, (6) Citizen of Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau. Sponsors: . John Bulloch – 11th . Seth Harp – 29th Link: . http://www.legis.ga.gov/Legislation/20072008/85984.pdf

2006 SB 529: “Georgia Security/Immigration Compliance Act” (GSICA) . Requires legal status verification of all employees hired by the state, state contractors, and subcontractors by having them register and participate in the federal work authorization program. In addition, the Commissioner of the Georgia Department of Labor has the authority to make any rules and regulations necessary for compliance with this particular section (13-10-91). . Prevents any business from claiming certain wages paid to undocumented employees as allowable business expenses for state income tax purposes. . Requires that authorities make a reasonable effort to verify the immigration status of any foreign national charged with and jailed for a felony or DUI. . Requires that state agencies and political subdivisions that provide public benefits to verify the immigration status of any applicant for benefits over the age of 18. Applicants must execute an affidavit swearing to their citizenship, legal permanent residency, or the legality of their presence under the Federal Immigration and Nationality Act. . Restricts the activities of and imposes licensure requirements on non-attorneys in the business of providing information and assistance in immigration matters. . Requires that companies with state contracts verify employees’ immigration status. Sponsors: 1. Chip Rogers – 21st 2. Bill Hamrick – 30th 3. John Douglas – 17th 4. Nancy Schaefer – 50th 5. Mitch Seabaugh – 28th 6. Greg Goggans – 7th Link: . http://www.legis.ga.gov/Legislation/20052006/64549.pdf