Georgia’s immigration laws include specific state-level requirements that build upon federal law, impacting individuals and businesses. These regulations affect access to public services, employer hiring practices, and outline consequences for noncompliance. Understanding these rules is important for residents and business owners in Georgia.
State Statutes and Regulations
Georgia’s immigration laws are significantly shaped by state legislation like House Bill 87, the Illegal Immigration Reform and Enforcement Act of 2011. This act introduced measures affecting undocumented individuals, including rules for employer verification and provisions related to law enforcement inquiries about immigration status.
State law also dictates requirements for driver’s licenses and identification cards. Official Code of Georgia Annotated (O.C.G.A.) Section 40-5-21.1 mandates that applicants prove lawful presence in the U.S. to obtain these documents.1Onecle. Georgia Code § 40-5-21.1 – Temporary Licenses, Permits, Special Identification Cards, and Proof of Legal Presence The Georgia Department of Driver Services is responsible for verifying applicants’ legal status.
Local Enforcement Agreements
Local law enforcement in Georgia collaborates with federal authorities like U.S. Immigration and Customs Enforcement (ICE) through cooperative agreements. These partnerships allow designated local officers to perform certain immigration enforcement duties, primarily through the 287(g) program. This program authorizes trained local officers, under ICE supervision, to carry out immigration law functions.2U.S. Immigration and Customs Enforcement. Delegation of Immigration Authority: Section 287(g) Program
Several Georgia jurisdictions, such as Cobb and Gwinnett Counties, participate in 287(g) agreements. These agreements often focus on individuals in local jails, allowing officers to inquire about immigration status, issue detainers, and initiate removal proceedings.
As a result, an encounter with local law enforcement for an unrelated offense can lead to an immigration status check and potential federal action. Officers in the 287(g) program use federal databases for these checks, mainly within correctional facilities, aiding in the identification and removal of individuals prioritized by federal authorities.
Employer Verification Obligations
Georgia law requires businesses to verify the employment eligibility of their workforce. Employers must use E-Verify, a federal electronic system, to confirm new hires’ work authorization.
Under O.C.G.A. Section 13-10-91, this applies to public employers and private employers with ten or more employees.3Justia Law. Georgia Code § 13-10-91 (2024) – Verification of New Employee Eligibility and E-Verify Requirements Employers with fewer than ten employees are exempt under state law.
The verification process involves employers submitting information from the federal Form I-9 into the E-Verify system, which checks it against federal records.4U.S. Citizenship and Immigration Services. Form I-9, Employment Eligibility Verification (PDF) Employers are required to keep E-Verify records and submit an annual compliance report to the Georgia Department of Labor.
Public Benefits Eligibility
To access many public benefits in Georgia, applicants aged 18 or older must verify their lawful presence in the U.S., as required by O.C.G.A. Section 50-36-1.5Justia Law. Georgia Code § 50-36-1 (2024) – Verification of Lawful Presence for Public Benefits Public benefits covered by this rule include:
- Adult education
- Business, occupational, and professional licenses
- State grants or loans
- Medicaid
- Temporary Assistance for Needy Families (TANF)
- Food stamps
- Unemployment insurance
- Public and assisted housing
Applicants must provide at least one secure and verifiable document, as defined in O.C.G.A. Section 50-36-2, such as a Georgia driver’s license, U.S. passport, military ID, or permanent resident card.6Justia Law. Georgia Code § 50-36-2 (2024) – Secure and Verifiable Identity Document Requirements They also sign a sworn affidavit affirming their lawful presence.
If an applicant indicates they are a lawfully present non-citizen, agencies use the federal Systematic Alien Verification for Entitlements (SAVE) program to confirm this status.7U.S. Citizenship and Immigration Services. Systematic Alien Verification for Entitlements (SAVE) Program Overview SAVE is a U.S. Citizenship and Immigration Services tool for validating immigration status. The Georgia Department of Driver Services also uses SAVE for non-citizen applicants for licenses and IDs.
Penalties for Violations
Non-compliance with Georgia’s immigration statutes can result in penalties for individuals and businesses.
Employers who do not follow E-Verify requirements face escalating consequences. A first violation for knowingly failing to use E-Verify or submitting false information may result in a warning from the Georgia Department of Labor. A second violation can lead to a business license or public contract suspension for up to 60 days, while third or subsequent violations may cause permanent revocation or termination. Reinstatement is possible if compliance is demonstrated. Making a false statement in an E-Verify compliance affidavit is considered perjury under O.C.G.A. Section 16-10-71, a felony punishable by fines up to $1,000 and/or imprisonment from one to ten years.8Justia Law. Georgia Code § 16-10-71 (2024) – False Swearing Penalties
State law also imposes penalties for transporting, harboring, or inducing undocumented individuals to enter or reside in Georgia. Under O.C.G.A. Section 16-11-40, knowingly transporting someone to further their illegal presence, or concealing or harboring an individual known to be in the U.S. illegally, is a felony. A first conviction can result in up to twelve months imprisonment, a $1,000 fine, or both. Subsequent convictions carry imprisonment from one to five years and fines from $5,000 to $25,000, or both. Similar penalties apply for inducing an individual to unlawfully come to or reside in Georgia.
Using fraudulent identification documents is also penalized. O.C.G.A. Section 16-9-4, which addresses forgery, covers creating or using fake ID to misrepresent immigration status or unlawfully obtain employment or benefits, with penalties ranging from misdemeanors to felonies.9Justia Law. Georgia Code § 16-9-4 (2020) – Manufacturing, Selling, or Distributing False Identification Documents Presenting false information for a Georgia driver’s license or ID can lead to penalties under O.C.G.A. Section 40-5-125, a misdemeanor involving fines and potential jail time.10Justia Law. Georgia Code § 40-5-125 (2024) – Penalties for Fraudulent Driver’s License or Identification Card