GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement

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Kory McLaughlin
5 years ago
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Larry Stine & Raymond Perez II Wimberly, Lawson, Steckel, Schneider & Stine, P.

1 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Presented by J. Larry Stine & Raymond Perez II Wimberly, Lawson, Steckel, Schneider & Stine, P.C Peachtree Road, Suite 400 Atlanta, Georgia September 19, 2011

2 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Form I-9 and E-Verify Overview E-Verify Public Contract Requirements E-Verify Requirements for Private Employers

3 Current Employment Eligibility Verification Requirements for Public Employers in Georgia Completion of the Employment Eligibility Verification i Form I-9 (required by Immigration i Reform and Control Act of 1986) Must register and participate in Federal E-Verify Program-required by the Georgia Security and Immigration Compliance Act of 2006 (GSICA)

4 Current Employment Eligibility Verification Requirements for Public Employers in Georgia Completing Form I-9 Procedures

6 Current Employment Eligibility Verification Requirements for Public Employers in Georgia Current Form I-9 Employment Eligibility Verification can be found at:

7 Section 1 Employee Responsibility

8 Preparer/Translator Section

9 Section 2 Employer Responsibility

10 Section 3 Employer Responsibility

11 Rt Retention ti of Form I 9 Forms I-9 must be stored for 3 years after the date you hire an employee Or One year after the date you or the employee terminates employment, whichever is later

12 Correction of Form I 9 No White-Out Initial and date corrections Re-Accomplish Using New Form I-9 when necessary

13 Handbook for Employers Instructions for Completing Form I-9 at p

14 Current Employment Eligibility Verification Requirements for Public Employers in Georgia Federal E-Verify Program All Public Employers required to verify employment eligibility of all newly hired employees with E-Verify Must post E-Verify ID number and date of authorization on website

17 E-Verify and DOJ-OSC Posters

18 Current Employment Eligibility Verification Requirements for Public Employers in Georgia When to Verify a New Employee

19 Current Eligibility Verification Requirements for Local Governments

20 Current Employment Eligibility Verification Requirements for Public Employers in Georgia Common E-Verify Usage Issues

21 Current Eligibility Verification Requirements for Local Governments

22 E VERIFY PROGRAM 22 August 6, 2008

23 E VERIFY PROGRAM 23 August 6, 2008

24 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

25 E VERIFY PROGRAM 25 August 6, 2008

26 E-Verify: Case Resolution If Employment Authorized, the employer records the systemgenerated 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.

27 E VERIFY PROGRAM 27 August 6, 2008

28 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. t The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.

31 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 h the system. The employer should check E-Verify periodically for the response.

32 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.

33 E VERIFY PROGRAM 33 August 6, 2008

34 Photo Screening Tool The E Verify photo tool enables employers to match the photo on an employee s Employment Authorization Document (EAD), Permanent Resident Card ( green card ) and U.S. US Passport or Passport Card to the photo that USCIS has on file for that employee.

35 E VERIFY PROGRAM 35 August 6, 2008

36 Other Requirements of E-Verify: Employee s social security number must be listed in Section 1 of the Form I-9 If employee chooses to present a List B document, it must contain a photograph p

37 Other Requirements of E-Verify: Must maintain photocopy of Employment Authorization Document (EAD), Permanent Resident Card ( green card ) or U.S. Passport or Passport Card if presented by employee on Form I-9 Must maintain E-Verify Confirmation Sheet with employee s Must maintain E-Verify Confirmation Sheet with employee s Form I-9

38 E-Verify Statistics Over 256,000 employers are enrolled in E-Verify Verify, which represents over 870,000 hiring sites. This has resulted in: More than 8.70 million cases created in FY 2009 More than million cases created in FY 2010 More than 7.50 million cases created to date in FY 2011

40 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement E Verify Public Contract Requirements under GSICA: Applies to Public Employers, Contractors, Subcontractors or Sub Subcontractors Relates to Contracts for the Physical Performance of Services in Georgia

41 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Definition of Contract? Physical Performance of Services = Public Works

42 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement House Bill 87 Amendments: Public Employer must have more than one employee to be covered Services must take place in Georgia Additional guidance on required Affidavits

43 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Responsibility of Public Employer Bid and Contract Requirements Monitoring and Recordkeeping Contractor and Subcontractor Affidavits

44 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Affidavit Requirements: Must state that contractor is using E Verify; Must contain user ID number and date of authorization; M h ill i Must guarantee that contractor will continue to use E Verify throughout the contract period;

45 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Affidavit Requirements: Guarantee only to contract with subcontractors who also present an E Verify affidavit; Must be signed and notarized.

49 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Affidavits posted on Departments of Audits and Accounts and Georgia Department of Labor websites

50 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Contractor, Subcontractor or Sub-Subcontractor with no employees: No Affidavit Requirement Must provide copy of state issued drivers license or ID (only from states that verify immigration status and approved by AG s office)

52 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Contractor, Subcontractor or Sub-Subcontractor with no employees: Must be provided to all parties like Affidavit Must comply with Affidavit requirements if necessary to hire employees to complete contract

53 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Contractor Affidavit Reporting Requirements: Must submit all Affidavits or other records to public employer within 5 business days

54 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Subcontractor Affidavit Reporting Requirements: Must submit at time of contract Must submit any Sub-Subcontractor affidavit within 5 business days

55 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Public Employer Reporting Requirements: Must submit Compliance Report to State Auditor by December 31 of each year Must certify compliance and contain E-Verify Number and date of authorization of entity and contractors

56 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement House Bill 87 also introduced new penalties for failure to comply with contract provisions under GSICA

57 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Public Employer Penalties: If any violations found, given 30 Day Period to correct deficiencies

58 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Failure to correct = Exclusion from List of Qualified Local Governments Penalty in place until all deficiencies corrected

59 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Public Employer Penalties: Appeal Rights to Office of State Administrative Hearings Penalties and time to correct tolled until Final Ruling

60 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Public Employer Penalties: Actions by County Constitutional Officer cannot form basis of any violation

61 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Penalty for any person who knowingly makes a false statement on an Affidavit: i Guilty of obstruction of public administration Can be fined up to $1,000.00, imprisoned for at least one year but not more than five years, or both

62 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Any Contractor or Subcontractor convicted for false statements will also be prohibited from bidding on or entering into any public contract for 12 months following such conviction Such persons or entities will also be listed on gov

63 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement No person can be held civilly or criminally liable for unknowingly accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor who is violation the law Presumption that Public Employer, Contractor or Subcontractor relies on Affidavit in Good Faith

64 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Employers and state agencies cannot be subject to lawsuit or otherwise held liable for complying with law

65 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Georgia Department of Labor required to conduct at least 100 random audits to ensure compliance subject to funding

66 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement E-Verify Requirements for Private Employers

67 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement House Bill 87 phases in new E-Verify Mandate for Private Employers in Georgia: January 1, 2012 for employers with more than 500 employees; July 1, 2012 for employers with 100 or more employees; July 1, 2013 for employers with more than 10 employees.

68 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Which h employees are counted to determine coverage? Which employees are not counted to determine coverage? When does determination need to be made?

69 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement What is the responsibility for county and municipal corporations before they issue or renew a business license, occupational tax certificate, or other document required to operate a business: Person must provide evidence that t they are on E-Verify or demonstrate they are not covered by the law State AG s Office will come out with Affidavit that satisfies this requirement by January 1, 2012

70 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Other requirements for county and municipal corporations: Reporting Requirement to Department of Audits and Accounts Begins December 31, 2012 and must be done annually Must identify each license or certificate issued during past 12 months

71 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Restriction on Private Employers: Once employer has submitted Affidavit with E-Verify ID Number, can only renew business license with same number unless Submits sworn document explaining reason for new or different E-Verify ID number

72 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Penalties for failing to comply with E-Verify Mandate: Employer or government official can be found guilty of Misdemeanor for providing false information

73 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Penalties for submitting false or misleading Affidavit: Guilty of obstruction of public administration Can be fined up to $1,000.00, imprisoned for at least one year but not more than five years, or both

74 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Potential Defenses: Acted in Good Faith Made reasonable attempt to comply

75 GMA and ACCG Joint Training i on Georgia s Illegal l Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement Authority of Georgia s AG Office: Can investigate requirements and bring criminal and civil actions Must provide employer 30 days to comply with mandate for good faith violations

76 GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement QUESTIONS?

Presented by ACCG and GMA October 26, 2011

Presented by ACCG and GMA October 26, 2011 Program Overview E-Verify County and City Usage Contracts Private Employers SAVE Enforcement Other Requirements Question and Answer Session E-Verify County and