Georgia Enacts Sweeping Immigration Enforcement Measure

State Flag of GeorgiaGeorgia Governor Nathan Deal has signed into law House Bill 87 (pdf), a sweeping, Arizona-style immigration enforcement bill that, among other provisions, requires employers to use E-Verify, the federal electronic employment authorization program. Provisions of the “Illegal Immigration Reform and Enforcement Act of 2011” affecting private employers amend the Georgia Code as follows:

  • Private employers must register with and use E-Verify to confirm new hires’ legal work status under the following deadlines:
    • Employers with 500 or more employees must comply by January 1, 2012.
    • Employers with more than 100 but less than 500 employees must comply by July 1, 2012.
    • Employers with more than 10 but less than 100 employees must comply by July 1, 2013.
  • Business licenses, occupational tax certifications, and other documents required to operate a business will not be issued until the employer submits an affidavit attesting that it utilizes E-Verify or is exempt from the requirement (because it employs fewer than 11 employees or otherwise does not fall within the statute’s requirements). The Georgia Attorney General’s Office will provide a form affidavit for this purpose.

Additionally, the Georgia Attorney General is authorized to conduct investigations into employers’ compliance and can bring any civil or criminal action he or she “deems necessary to ensure compliance.” Employers found to have committed a “good faith violation” will have 30 days to demonstrate to the Attorney General that they have complied with the statute’s requirements.

The law’s enforcement provisions include authorizing law enforcement officers to investigate the immigration status of a criminal suspect upon belief that the suspect may be in the country illegally, and criminalizing the transport or harboring of illegal immigrants.

Reuters reports that the measure has its fair share of critics. In addition to President Obama, who spoke out against the bill last month, critics contend that the law will hurt tourism and investment. Moreover, opponents fear that, like Arizona, Georgia will be subject to an economic boycott and costly litigation.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.