Presented by ACCG and GMA October 26, 2011

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1 Presented by ACCG and GMA October 26, 2011

2 Program Overview E-Verify County and City Usage Contracts Private Employers SAVE Enforcement Other Requirements Question and Answer Session

3 E-Verify County and City Usage

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 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

6 How Do I Comply? Completion of the Employment Eligibility Verification Form I-9 (required by Immigration 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)

7 Handbook for Employers Instructions for Completing Form I-9 at

8 Who Do I Need to Verify? All new employees Cannot be used for screening potential employees Cannot be used for existing employees

9 When Do I Need to Verify?

11 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

12 E-VERIFY PROGRAM 12 August 6, 2008

13 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.

14 E-VERIFY PROGRAM 14 August 6, 2008

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

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

17 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.

18 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 Form I-9

20 Further Assistance Needed Contact DHS at or at

21 Posting E-Verify Information Must post E-Verify ID number and date of authorization on county or city website If no website is available, this information must be posted on the CVIOG website at

24 Recap of County and City E-Verify Usage Register for and use E-Verify Maintain a current E-Verify account Verify all new hires within 3 business days of hire Post E-Verify number and authorization date on government or CVIOG website

25 E-Verify Contract Requirements

26 E-Verify Public Contract Requirements Applies to Public Employers, Contractors, Subcontractors or Sub-Subcontractors Relates to Contracts for the Physical Performance of Services

27 Contracts for the Physical Performance of Services What does this mean???

28 HB 87 Amendments Public employer must have more than one employee to be covered Services must take place in Georgia New reporting requirements New affidavit requirements

29 Contractor Affidavit Requirements Affidavit Requirements: Must state that contractor is using E-Verify; Must contain user ID number and date of authorization; Must guarantee that contractor will continue to use E-Verify throughout the contract period;

30 Contractor Affidavit Requirements Affidavit Requirements: Guarantee only to contract with subcontractors who also present an E-Verify affidavit; Must be signed and notarized.

34 Where to Find Contractor Affidavits Department of Audits and Accounts Website

35 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)

37 Contractors with No Employees 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

38 Contractor Reporting Requirements Contractor Affidavit Reporting Requirements: Must submit all Affidavits or other records to public employer within 5 business days

39 Subcontractor Reporting Requirements Subcontractor Affidavit Reporting Requirements: Must submit at time of contract Must submit any Sub-Subcontractor affidavit within 5 business days

40 County and City Reporting Requirements 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

41 Penalties House Bill 87 also introduced new penalties for failure to comply with contract provisions under GSICA

42 Public Employer Penalties Public Employer Penalties: If any violations found, given 30 Day Period to correct deficiencies

43 Loss of Qualified Government Status Failure to correct = Exclusion from List of Qualified Local Governments Penalty in place until all deficiencies corrected

44 Appeals Public Employer Penalties: Appeal Rights to Office of State Administrative Hearings Penalties and time to correct tolled until Final Ruling

45 Constitutional Officers Public Employer Penalties: Actions by County Constitutional Officer cannot form basis of any violation

46 False Statement Penalties Penalty for any person who knowingly makes a false statement on an 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

47 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

48 Good Faith Presumption 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

49 Audits The Department of Audits is required to conduct compliance audits on at least half of reporting agencies and publish the results annually by September 30 th The Department of Labor is required to conduct 100 random audits of public employers

50 Recap of E-Verify Contractor Requirements for Counties and Cities Require all public works contractors to sign and submit an E-Verify Contractor Affidavit Maintain all E-Verify affidavits for 5 years Submit annual compliance report to the Department of Audits Only hire individuals/businesses with no employees for public works contracts if they are from a verification compliant state as authorized by the AG s office

51 E-Verify Requirements for Private Employers

52 Phase-In Requirements 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.

53 Private Employer Affidavit Requirements Before issuing or renewing a 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 Demonstrate they are not covered by the law

54 Where Can I Find The Private Employer The AG s Office Website Affidavit? ,00.html

55 Reporting Requirements 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

56 Private Employer Restrictions 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

57 Penalties Penalties for failing to comply with E-Verify Mandate: Employer or government official can be found guilty of Misdemeanor for providing false information

58 Penalties 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

59 Potential Defenses Potential Defenses: Acted in Good Faith Made reasonable attempt to comply

60 AG s Authority 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

61 Audits The Department of Audits is required to conduct compliance audits for 20% of reporting agencies

62 Recap of E-Verify Private Employer Requirements for Counties and Cities Require all private employers (as they are phased in) seeking an occupation tax certificate/business license or other required document to sign and submit the E- Verify Private Employer Affidavit or provide proof of exemption Submit annual report citing all licenses and certificates issued for the preceding 12 months to the Department of Audits starting on December 31, 2012

63 Steps To Take To Ensure Compliance With E- Use E-Verify for everynew hire Verify for Your Government Check in to E-Verify every two months to renew password and keep account current Properly maintain records used in relation to the E-Verify program Require all public works contractors doing business with your local government to sign and submit the E-Verify Contractor Affidavit Require all private employers seeking an occupation tax certificate/business license/other required document to sign and submit the E-Verify Private Employer Affidavit Publish Employer ID# and Date of Authorization on your government website or the CVIOG website Submit both required reports on an annual basis to the Department of Audits

64 SAVE

65 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

66 How Do I Register for the SAVE Program? 1. Step One: Online registration 2. Step Two: Submit the ACCG/GMA Check List 3. Step Three: Sign and Submit the MOA Packet

67 Terms of Notice Agreement

68 Signing up for the SAVE Program

69 First step of Registration

70 Registration User Information

71 SAVE Program Registration Confirmation

72 Completing Online Registration

73 Begin SAVE Program Registration

74 Entering the Agency Name

75 Entering the Agency Point of Contact

76 Selecting the Public Benefits

77 SAVE Checklist

78 Entering the Legal Authority O.C.G.A

79 How Do I Use the SAVE Affidavit? The affidavit should be used when anyone 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

80 Sample Affidavit

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

82 Who can be verified through SAVE? Immigrants Non-immigrants It CANNOTbe used to verify U.S. Citizens

83 What is a Public Benefit? Federal Public Benefit Definition State and Local Public Benefit Definition Statutory List of Benefits Public Benefits that Apply to Local Governments AG s List of Public Benefits

84 Federal Public Benefit 8 U.S.C. Section 1611 (c) (1) defines federal public benefit as: any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.

85 State and Local Public Benefit 8 U.S.C. Section 1621 (c) (1) defines state and local public benefit as: any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.

86 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 TANF Unemployment Insurance Welfare to Work

87 List of Public Benefits in Statute Business certificate, license or registration Business loan Loan guarantee Registration of a regulated business Tax certificate required to conduct a commercial business Authorization to conduct a commercial enterprise or business

88 ACCG/ GMA Public Benefits List Commercial Licenses/Occupational Taxes Alcoholic Beverage License Occupation Tax Certificates Taxicab Licenses Insurance Company Licenses (Cities only)

89 ACCG/ GMA Public Benefits List Employee Benefits Retirement Health Disability

90 ACCG/ GMA Public Benefits List Contracts Miscellaneous Licenses: Auctioneers Transient businesses Pawn brokers Massage therapists Billiard rooms operations Fortune telling and palmistry Precious metals and gem dealers Flea markets Peddlers and itinerant peddlers

91 Reporting Requirements Submit annual report to Department of Community Affairs by January 1 st each year Identify all benefits administered Identify all benefits applied for but not approved by the Department of Homeland Security

92 Public Benefits Reporting

93 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 sample affidavit form for all departments that provide public benefits Review the annual list of benefits prepared by the AG s Office with your county or city attorney to determine if they apply to your government Submit annual public benefits report to DCA by January 1st Use secure and verifiable documents

94 Review E-Verify No charge to use Use for all new hires All private employers seeking occupation tax certificates must provide affidavits All contractors, subcontractors, and subsubcontractors doing business with the government must provide affidavits Post E-Verify ID # & authorization date on govt or CVIOG website Submit both annual reports by December 31 st to the Department of Audits Only accept drivers license & ID s listed by AG s office Penalties for Noncompliance SAVE 50 per inquiry/$25 month Use for public benefit eligibility Only use for non-u.s. citizens Require all applicants to sign affidavit Submit annual public benefits report to DCA by January 1st Only accept secure and verifiable documents as provided by the AG s office Penalties for noncompliance

95 Enforcement

96 Enforcement Immigration Enforcement Review Board Role of the Attorney General s Office Penalties

97 Immigration Enforcement Review Board Consists of 7 members Administratively attached to the Department of Audits Required to meet at least once every 3 months

98 Powers of the Review Board Conducts reviews and investigations of complaints Holds hearings and considers evidence Subpoenas documents and witnesses Issues written reports of their findings and can recommend sanctions and remedial action

99 Who is Subject to Penalties? Elected and appointed officials Government employees Government agencies

100 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

101 Secure and Verifiable Documents

102 Secure and Verifiable Documents AG s Office is required to publish an annual list of acceptable documents by August 1 st of each year Requirement to use these documents takes effect January 1, 2012 Applies to any purpose that requires the presentation of identification by a government Must be used with SAVE affidavit

103 Examples of Acceptable Secure and Verifiable Documents

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

105 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.

106 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.

There is a very large number of Native American tribes and many have their own identification card.

107 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: rvices/tribaldirectory/index.htm. Below is a sample ID card from the Cherokee Nation.

known as the Alien Registration Receipt Card (I-151).

108 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.

109 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.

110 Passport of a Foreign Government There are nearly 200 countries worldwide, many of which issue passports. Passports from foreign countries must be be assessed on an individual basis. Below and above are sample from covers from a few select countries.

like a passport. A sample is to the right.

111 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 to the right.

112 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.

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

114 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.

115 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.

116 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.

A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS) A Certificate of United States

117 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.

118 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.

119 Unacceptable Forms of ID Matricula Consular de Alta Seguridad Matricula Consular Card Consular Matriculation Card Consular Identification Card

120 Examples of MatriculaConsular/ID Card

121 Important Websites Department of Audits nreformandenforcementact.html Department of Community Affairs dex.aspx Department of Law ,00.html

122 Questions?

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

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,