The Georgia Security and Immigration Compliance Act requires that all public employers, contractors and subcontractors register and comply with the federal work authorization program operated by the United States Department of Homeland Security to verify new employee work eligibility.
Enactment
On April 17, 2006, The Georgia Security and Immigration Compliance Act (GSICA) was authored by Georgia State Senator Chip Rogers, carried in the House by Georgia State Representative John Lunsford and signed into law by Georgia Governor Sonny Perdue. The Law later took effect on July 1, 2007.
Provisions and legislative intent
The GSICA required that all public employers, contractors and subcontractors register and comply with the federal work authorization program operated by the United States Department of Homeland Security to verify new employee work eligibility.
The GSICA was created in an effort to address illegal immigration problems in the following areas: private employment, public employment and contracting, public safety, and public benefits.
It prevents any business from claiming certain wages paid to unauthorized employees as permissible business expense for state income tax purposes. The law requires citizenship verification for individuals older than the age of 18 who are receiving local, state, or federal benefits. In addition, authorities are obligated to verify the immigration status of any foreign national who receives jail time for a felony or DUI. If found to be in the country illegally authorities are to report unauthorized individuals to the Department of Homeland Security. The GSICA also provides modifications to the criminal code making it a felony to participate in or be affiliated with the trafficking of individuals for labor or sexual slavery.
Major features of The Georgia Security and Immigration
I. Citizenship Verification
Requires that all individuals receiving benefits from the state sign either an affidavit stating that they are a citizen of the United States or a legal alien.
II. Employee Verification
Requires all public employers, contractors and subcontractors to verify new employee information by entering it into the federal database, also referred to as the Federal Basic Pilot Program.
III. Tax Benefit Prohibitions
Annual wages of over $600 a year from undocumented employees are prohibited from being claimed as an allowable business expense for state income tax purposes.
IV. Tax Withholding Requirement
Excluding federal tax withholding, a 6 percent state withholding tax is required for 1099 employees who fail to do the following: provide a taxpayer identification number, provide a correct taxpayer identification number, or provide a nonresident taxpayer identification.
V. Law Enforcement
Authorities are responsible for enforcing federal immigration and customs laws to those found not to be in the country legally.
VI. Human Trafficking
If found guilty of human trafficking or contributing, a felony punishable by 1–20 years imprisonment or 10–20 years for victims under age 18 will be enforced.
VII. Citizenship Verification for Individuals Charged with Felony or DUI
Requires that the legal status of individuals charged with a felony or DUI be verified to prove U.S. citizenship. If an individual is proven to be an illegal resident notification to Immigration and Customs Enforcement is required.
VIII. Immigration Assistance
Non-attorneys in the business of providing assistance to immigrants are required to post signs stating that they are not allowed to give legal advice and are not lawyers.
Background on Local Immigration Enforcement
The power to regulate immigration has been thought to be exclusively federal, however, states and localities have played a role as well in the regulation of immigration. In the twentieth century states have exercised their right to enforce restrictions on the access immigrants have regarding state benefits such as welfare as well as public employment restrictions that were placed on employers who hired unauthorized workers. State and local efforts that have been made to prohibit employers from hiring unauthorized workers have two key historical features in common: First, it is declared unlawful to knowingly recruit, hire for employment, or continue to employ any individual who is an illegal worker. Second, employers are required to enter all employee information in the federal government's E-Verify program.