United States: Georgia Enacts Controversial Immigration Law

Georgia Governor Nathan Deal signed strict new immigration measures into law on May 13, 2011, amid protests and threats of lawsuits by opponents. The new law has several requirements similar to Arizona's immigration law passed in 2010 and will impact Georgia employers and businesses that contract with the state.

Portions of the law take effect July 1, 2011, and will prohibit public employers in Georgia from entering into any contract for the provision of services unless the contractor provides a signed, notarized affidavit that they are registered with and utilize the federal E-Verify system. The contractor must require the same thing from any subcontractors and sub-subcontractors. In lieu of this affidavit, the contractor can affirm that they do not intend to hire any new employees to complete the public contract. But, in doing so, they must provide a copy of a state issued driver's license or ID card for each individual utilized in satisfaction of any part of the contract, issued by a state that verifies lawful immigration status prior to issuance. The law contains criminal penalties for providing fraudulent statements and administrative penalties that could include debarment from further government contracting.

Every private employer in Georgia with more than 10 employees will be required to register with and utilize the federal E-Verify system. This requirement becomes effective as follows:

When signing the new law, Governor Deal said, "Let's remember: It's already illegal on every inch of U.S. soil to hire someone who is in this country illegally. What we've done in Georgia is create a level playing field for all employers. The use of E-Verify means everyone plays by the same rules – and it protects employers by giving them a federal stamp of approval on their workforce."

Employers will also be required to provide evidence of their participation in E-Verify in order to obtain or renew certain business licenses, occupational tax certificates, or other documents required to operate a business in Georgia. There are potential criminal and administrative penalties for violations by employers.

Civil rights groups including the American Civil Liberties Union and the Southern Poverty Law Center have already threatened lawsuits seeking to stop enforcement of the new law. It has also been reported that other groups have called for boycotts or even work stoppages to demonstrate opposition to the new law. As such, employers should be mindful about potential protests associated with passage of this new law that could impact the workplace and seek legal advice for how best to respond to such issues.

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