BIG NEWS FOR HB87 - E-VERIFY PROVISION IS HERE TO STAY!

The U.S. Supreme Court (SCOTUS) affirmed or upheld the prior courts’ decision (both district court and the 9th Circuit Court of Appeals) in the case of Chamber of Commerce v. Whiting. This law suit was part of the Arizona 1070 law that passed a couple of years ago forcing all Arizona employers to use E-Verify or they will lose their business license.
The Chamber of Commerce of the United States and various business and civil rights organizations (collectively Chamber) filed this federal pre-enforcement suit against those charged with administering the Arizona law, arguing that the state law’s license suspension and revocation provisions were both expressly and impliedly preempted by federal immigration law, and that the mandatory use of E-Verify was impliedly preempted by federal law. The District Court found that the plain language of IRCA’s preemption clause did not invalidate the Arizona law because the law did no more than impose licensing conditions on businesses operating within the State. Nor was the state law preempted with respect to E-Verify, the court concluded, because although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation. The Ninth Circuit affirmed and SCOTUS affirmed too.
What does it mean? It means that based on this decisions states can mandate businesses within the state to use E-Verify as a condition for a business license. For us in Georgia it means that the E-Verify requirement in HB87 is here to stay and it will be futile to argue or sue about it in Federal Court. It doesn’t mean the other provisions will stay (especially about show me your papers) but the E-Verify requirement is solid and here to stay.
So, if you are an employer (or employer representative) or you know of one in need of assistance in registering for or operating E-Verify, please contact our office at 770-913-0800 or go to our Atlanta office website at: http://www.visalaw.com/atlanta.html

VIDALIA ONION COUNTRY WORRIES ABOUT HB87

Undocumented immigrants and their families who work in southeast Georgia to pick its Vidalia onions are considering leaving in the wake of increased deportation efforts after HB87 was signed into law.
Many people from Georgia's farming counties who are also conservatives oppose the law because of fear it will drive out the workers, both legal and illegal because these fruits and vegetables require hands-and-knees labor for planting and harvesting and U.S. citizens simply don't want to do this type of hard labor.
Even though a similar law in Arizona was stopped from implementation by the federal courts, many immigrants have by then fled Arizona. Similar things may happebn in Georgia because of fear while the law may be stopped any day now...

GA POLICE CHIEFS WEIGH HB87

While there is a chance that the authority of police to look at a person's immigration record based on HB87 will be stopped from being implemented by a federal judge, police chiefs across Georgia are debating how they will enforce HB87.
According to HB87, police can check immigration status of certain criminal suspects (even traffic offenders) if they fail to provide acceptable documentation. How will the police know what is acceptable documentation? They probably will not.
In addition, Frank Vincent Rotondo, the executive director of the Georgia Association of Chiefs of Police, says enforcement can be difficult if the immigrant needs to be detained. That is because the federal facilities lack bed space and local police do not have spaces either.
I hope the injunction comes fast from the feds.

METRO ATLANTA BUSINESSES HANG POSTERS TO OPPOSE HB87

Some business owners around the Atlanta metro area already hung, and others said they plan to hang posters in their windows to let immigrants know they are a safe haven for undocumented immigrants.
Elizabeth Anderson who works at Charis Books and More in Little Five Points said the poster is a symbol of their disgust for the new law and if federal deportation officers come to their store, they will tell them to get a search warrant because they want immigrants to feel safe.
The posters are part of numerous organizations that include Somos Georgia, 'We Are Georgia,' Southerners On New Ground, and Georgia Latino Alliance For Human Rights that oppose HB87. More on this to come I am sure.

SANTANA BASHES GEORGIA'S HB87

Musician Carlos Santana bashed Georgia's HB87 in an awards ceremony at Turner Field over the weekend. During a pregame ceremony at the Major League Baseball’s fifth annual Delta Civil Rights Game that paid tribute to those who fought for civil rights Santana came to receive MLB’s Beacon of Change award. Santana then said Atlanta and Arizona should be ashamed for having immigration bills that have been called racially motivated and that Georgia's Latin workers should boycott. He also said he was giving voice to the invisible.

Remember, HB87 is not going into effect until July 1, 2011, so even though it is signed it is not going to be implemented immediately. Also, several law suits are under way to stop it from being implemented.

I will keep posting later this week about what HB87 means to everyday people.

GOVERNOR DEAL SIGNED HB87 TODAY

HB87 is now law in Georgia. Well, at least until someone (like a federal judge) stops it from being implemented (which I sure hope so). Georgia Governor Nathan Deal signed a controversial immigration bill today requiring all Georgia employers (except the very small companies) to sign up for E-Verify.
Deal said: “What this bill does is … uphold the rule of law, level the playing field for employers and protect the taxpayers.” Well, not true. This bill is unconstitutional and burdens the taxpayers in Georgia in a number of ways. Also, this bill increases the likelihood of civil and human rights abuses and I sure hope the federal government and others interfere to stop this.

BREAKING NEWS: UTAH IMMIGRATION LAW ENJOINED BY FEDERAL JUDGE

Breaking news just off the press: the Arizona-ish sections of the Utah immigration law set to take effect at midnight (tonight) are placed on temporary hold by a federal judge. Another hearing on the matter will be held next week.
This will undoubtly happen to the Georgia law if the Governor signs it.

SAM ZAMARRIPA'S LETTER TO GOVERNOR REVEALS HB87 FLAWS

In a letter containing a detailed analysis on why HB87 is bad, former Georgia Senator Sam Zamarripa wrote to Governor Nathan Deal a detailed letter outlining constitutional flaws, new crimes vaguely defined and disproportionate criminal penalties (time does not fit the crime). The analysis is great and available at: http://www.galeo.org/pdfs/050211AnalysisHB87Zamarripa.pdf
Will this change the governor's mind about signing HB87 into law?

PRESIDENT OBAMA SLAMS GEORGIA IMMIGRATION BILL

President Obama has spoken publicly against the Georgia anti-immigration bill HB87. The president said: 'It is a mistake for states to try to do this piecemeal. We can't have 50 different immigration laws around the country. Arizona tried this and a federal court already struck them down,' Obama told WSB-TV in a taped interview.
The Obama administration's Justice Department sued in federal court to block Arizona from implementing its law which was the basis for the Georgia law (to allow police to question the immigration status of suspects when there is 'reasonable suspicion' they are in the country illegally).
If Governor Deal signs it, the federal government is sure to follow suit.

ATLANTA CONVENTIONS & VISITORS BUREAU OPPOSES IMMIGRATION BILL

In a rare statement, the Atlanta Convention & Visitors Bureau went on record Friday morning against Georgia’s stringent new immigration enforcement legislation over concerns that it could hurt the region’s $10 billion tourism industry. The vote was unanimous in the bureau’s executive committee passing a resolution against HB87 as “unwelcoming” and could “tarnish Atlanta’s reputation as one of America’s most welcoming cities.”
“The loss of potential revenues associated with conventions and tourism would have an adverse effect on Atlanta’s economy and the businesses and employees directly and indirectly associated with Atlanta’s hospitality industry,” the resolution says.
The Arizona tourism got hit pretty badly after the anti-immigration legislation passed there, and Atlanta stands to lose much more because a larger portion of its income is derived by tourism.

SHOULD GOV. DEAL SIGN IMMIGRATION BILL SUPPORTED BY KKK?

In an additional trial to add controversey and pressure Governor Deal to veto HB87, the nasty immigration bill that passed the Georgia legislature, a group out of Philadelphia arrived in Atlanta with street signs and rallies.
Signs like "KKK Supports HB87. Gov. Deal, Do You?" were seen around the metro Atlanta area before they were removed and their sponsor is "The Diversity Projekt".
I think racist remarks will not change the Governor's mind, but maybe additional business pressure. He wants to get reelected after all.