1. Georgia Immigration Law Training Seminar for Business Tax Officials
Michele NeSmith, Esq.
Association County Commissioners of Georgia
April 12, 2016

2. Program Overview E-Verify and SAVE Overview
Private Employer Requirements
SAVE Requirements
Secure and Verifiable Documents
Enforcement
Reporting Requirements
Update on 2016 Immigration Legislation
Question and Answer Session

3. 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

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 Requirements
Government Usage
Contractor Affidavit
Private Employer Affidavit

6. E-Verify Requirements for Private Employers

7. Private Employer Requirements
All private employers seeking an occupation tax certificate, business license or other documents required to operate a business must comply
As of July 1, 2013, it applies to all employers with more than 10 employees
Employee is defined as working at least 35 hours per week

8. Private Employer Affidavit Requirements
Before issuing the initial 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 are exempt from the requirement

9. Where Can I Find The Private Employer Affidavit?
The AG’s Office Website:

10. Private Employer Affidavit Pursuant To O.C.G.A. § 36-60-6(d)
Private Employer Affidavit Of Compliance Pursuant To O.C.G.A. § (d)
Private Employer Affidavit Pursuant To O.C.G.A. § (d)
By executing this affidavit under oath, the undersigned private employer verifies one of the following with respect to its application for a business license, occupational tax certificate, or other document required to operate a business as referenced in O.C.G.A. § (d):
Section 1 Please check only one:
(A) ________ On January 1st of the below-signed year, the individual, firm, or corporation employed more than ten (10) employees*
*** If you select Section 1(A), please fill out Section 2 and then execute below.
(B) ________ On January 1stof the below-signed year, the individual, firm, or corporation employed ten (10) or fewer employees .
*** If you select Section 1(B), please skip Section 2 and execute below.
*To determine the number of employees for purposes of this affidavit, a business must count its total number of employees company-wide, regardless of the city, state, or country in which they are based, working at east 35 hours a week

11. Private Employer Affidavit Of Compliance Pursuant To O. C. G. A
Private Employer Affidavit Of Compliance Pursuant To O.C.G.A. § (d)
Section 2
The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. § The undersigned private employer also attests that its federal work authorization user identification number and date of authorization are as follows:
__________________________________
Name of Private Employer
Federal Work Authorization User Identification Number
Date of Authorization
I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__.
_______________________________________________
NOTARY PUBLIC
My Commission Expires: __________________________

12. Private Employer Renewals
For all subsequent renewals of a business license, occupation tax certificate or other document required to operate a business, the private employer is not required to submit an affidavit
For renewals, the private employer is only required to provide their E-Verify number or assert they are exempted from this requirement

13. Private Employer Restrictions
Once the 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

14. How to Collect E-Verify Information on Renewals
The law is silent on how to collect this information
Suggested collection methods
Add these requirements to existing license forms
Add these requirements as additional fields for electronic collection of information

15. Recap of E-Verify Private Employer Requirements
Require all private employers seeking an occupation tax certificate/business license or other required document to sign and submit the E-Verify Private Employer Affidavit on initial application
Require all private employer upon renewal to provide their E-Verify number or assert they are exempt

16. FAQ’s on Private Employer E-Verify Requirements

17. E-Verify Private Employer Affidavits
Q: Are we required to collect multiple E-Verify Private Employer affidavits if a private employer comes in for multiple licenses?
A: No, one affidavit per calendar year will meet the requirements of the law.

18. Number of Employees
Q: How are the number of employees calculated for the purpose of identifying which companies are subject to the E-Verify Private Employer requirements? A: It applies to the total number of employees regardless of the location in that the statute does not provide limiting language.

19. Affidavit Retention
Q: What do we do with the E-Verify Private Employer affidavit when it is collected from an applicant? A: Once you receive an executed E-Verify Private Employer affidavit you retain it per your local governing authority’s records retention schedule.

20. SAVE

21. 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

22. Who is an Applicant?
An “applicant” is any natural person, 18 years or older, who has made application for access to public benefit on behalf of an individual, business, corporation, partnership or other private entity. O.C.G.A. § (a)(3)

23. 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

24. US Citizens v. Non-Citizens
U.S. citizens are no longer required to submit an affidavit and secure and verifiable document for the renewal of a public benefit if previously provided
Non-U.S. citizens are still required to provide the affidavit and secure and verifiable document annually for renewals

25. SAVE/Public Benefit Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ [type of public benefit],
as referenced in O.C.G.A. § , from _________________________ [name of government entity], the
undersigned applicant verifies one of the following with respect to my application for a public benefit:
1) _________I am a United States citizen.
2) _________I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal immigration agency
is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at
least one secure and verifiable document, as required by O.C.G.A. § (e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_______________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and willfully
makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation
of O.C.G.A. § , and face criminal penalties as allowed by such criminal statute.

26. Where Do I Access the SAVE System?

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

28. What is a Public Benefit?
“Public benefits” are defined as a federal, state or local
benefit as provided under O.C.G.A. § (a)(4)

29. 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/Driver’s License
TANF
Unemployment Insurance
Welfare to Work

30. List of Public Benefits in Statute
Tax certificate required to conduct a commercial business
Authorization to conduct a commercial enterprise or business
Grants
Public and assisted housing
Business certificate, license or registration
Business loan
Loan guarantee
Registration of a regulated business
Retirement benefits

31. 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 affidavit provided for all departments that provide public benefits
Review the list of benefits provided in statute with your county or city attorney to determine if they apply to your government
Use secure and verifiable documents

32. FAQ’s on SAVE and Public Benefits

33. Permits as a Public Benefit
Q: Are building permits considered to be a public benefit? A: No.

34. Naturalized Citizens
Q: Should naturalized citizens be verified through the SAVE program? A: No. Naturalized citizens are U.S. citizens and should be treated as such. However, legal permanent residents should be run through the SAVE program.

35. SAVE Affidavit Signatures
Q: Who can sign and present the SAVE affidavit on behalf of an applicant for a public benefit?
A: Any person who is 18 years of age or older and who is authorized to execute binding legal documents on behalf of an individual, business, corporation, partnership, or other private entity requesting a public benefit may sign the SAVE affidavit and present identification on behalf of said entity.

36. Insurance Co. Licenses
Q: Are Insurance Company Licenses for municipalities considered a public benefit? A: No. Although there is a section of law authorizing municipalities to impose and collect a license fee from insurance companies for the privilege of engaging in the business of insurance within the municipality, Georgia law states that only the Commissioner of Insurance can issue a certificate of authority to conduct business in Georgia to an insurance provider. The license fee that municipalities are allowed to impose, therefore, are only issued to show payment, and are not considered a commercial license which requires a SAVE affidavit for a public benefit.

37. Enforcement

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

39. Filing and Investigating Complaints
Complaints May be Filed by Legal Residents that are Legally Registered to Vote
Reviews complaints on:
E-Verify Employment and Public Contractor Violations (O.C.G.A. § )
Sanctuary Policies (O.C.G.A. § )
Public Benefit/SAVE Violations (O.C.G.A. § )
Method to File Posted on the Department of Audits’ Web site

40. 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

41. 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
Failure to submit the public benefits section of the combined report will result in loss of financial assistance, funds or grants from DCA

42. Secure and Verifiable Documents

43. Secure and Verifiable Documents
AG’s Office is required to publish an annual list of acceptable documents by August 1st of each year
Applies to any purpose that requires the presentation of identification by a government, including SAVE
Secure and verifiable documents can be submitted by mail, in person, or electronically in a manner approved by the county or city

44. Examples of Acceptable Secure and Verifiable Documents

45. Birth Certificates
Original or certified birth certificates issued by a state, county, municipal authority or U.S. territory bearing an official seal and certificates of live birth, birth abroad or consular report of birth issued by the U.S. Department of State are now acceptable secure and verifiable documents

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

47. 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.

48. 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.

49. 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: .
Below is a sample ID card from the Cherokee Nation.

50. 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.

51. 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.

52. 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.
Must have a valid U.S. Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying lawful presence or other proof of lawful presence (The passport must have the other document or it not acceptable.)

53. 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.

54. 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.

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

56. 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.

57. 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.

58. 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.

59. 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.

60. 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.

61. Unacceptable Forms of ID
Matricula Consular de Alta Seguridad
Matricula Consular Card
Consular Matriculation Card
Consular Identification Card
Foreign passports unless submitted with a valid U.S. Homeland Security Form I-94, I-94A, or I-94W, or other federal document specifying lawful presence or other proof of lawful presence

62. Annual Immigration Reporting

63. Reporting Requirements
Counties and cities are required to submit a combined report (E-Verify Contractor, E-Verify Private Employer, & SAVE) annually to the Department of Audits & Accounts by
December 31st
The reporting period for each year is from December 1st of the preceding year through November 30th of the current year
The information required to be provided in the report can be found in O.C.G.A. §

64. What E-Verify Private Employer Information Should be Included in the Report?
Name of the person and business issued a license or other document
E-Verify Number of the business issued a license or other document
Whether the business is exempt
The business license/certificate number (Required by DOAA, not listed in statute)

65. Should Renewals Be Included in the Report?
“As O.C.G.A. § specifically requires the reporting of licenses issued but does not specifically require the reporting of licenses renewed, it seems reasonable that counties and municipal corporations would not be required to report renewals…”
Source: Informal Advice from the AG’s Office, September 20, 2013, Question 8, Pages 7-8

66. Private Employer Reporting Template

67. Other E-Verify Reporting Requirements
E-Verify Number and Date of Authorization
Provide Contractor Affidavit Information
Legal Name, Address, & E-Verify Number
Date of Contract

68. Contractor Reporting Template

69. SAVE Reporting Requirements
List each public benefit administered by the county or city and whether SAVE authorization has not been received for issuing the benefits

70. How Do I Submit My Report?
To access the reporting website, go to the following page on the Department of Audits & Accounts (DOAA) website:
For general information about reporting information go to the following page on the DOAA website:
The report has to be submitted electronically through the DOAA system

71. DOAA Website

72. Log In For DOAA Website
Log In Web Address:

73. Reporting Deficiencies
If DOAA finds the report submitted to be deficient, as long as the city or county submits a new report with the deficiencies corrected they are considered to be compliant

74. 2016 Immigration Legislation
SB 269-Requires Cities and Counties to Certify Non-Sanctuary Compliance to Receive State Funds
As part of the annual immigration report, counties and cities will be required to provide a certificate of compliance

75. Important Websites Department of Audits
Department of Law (AG’s website)

76. Questions?
Michele NeSmith, Esq.