Georgia passes one of nation's toughest immigration laws

In its latest legislative session, the Georgia General Assembly passed one of the toughest immigration laws in the country, and many in agriculture have been concerned about the effects on an industry that has become increasingly dependent on migrant labor.

According to officials with the Georgia Farm Bureau, farmers are concerned not so much for what the bill actually does, but for what it might do in the future.

The bill includes provisions that prohibit business expense deductibility of labor costs for workers who cannot provide acceptable documents.

Farmers who depend on migrant labor are concerned that legal farm workers may decide to forego working in Georgia and instead go to neighboring states that don’t have similar laws.

Most state farm groups, including the Georgia Farm Bureau and the Georgia Agribusiness Council, have stated that the immigration issue should be handled at the national level by the federal government. But President Bush and Congress have yet to reach a compromise on such legislation.

In addition to penalizing those who hire undocumented workers, the Georgia Security and Immigration Compliance Act also makes it more difficult for illegal immigrants to get access to social services. Most of the provisions of the new law will not go into effect until 2007 and 2008.

The Georgia Agribusiness Council, working with Gov. Sonny Perdue’s office, has provided this summary of what the bill does and does not include:

1) The bill does not penalize farmers and employers who utilize laborers from properly documented labor crew leaders. The crew leader is responsible for verifying the status of his or her employees.

2) The bill does not include the proposed 5-percent tax on money wired out of the country by those without “adequate proof of United States citizenship.”

3) Beginning Jan. 1, 2008, undocumented non-employee compensation may not be used as an allowable business expense. The bill requires that businesses paying non-employee wages of more than $600 a year to individuals (thus issuing a 1099 form) may not claim those wages as an allowable business expense unless a form of identification, such as a Georgia driver’s license or other acceptable form of ID has been provided. This applies only to workers utilized after Jan. 1, 2008. It also allows Georgia Department of Revenue (DOR) to promulgate rules and regulations.

4) Beginning July 1, 2007, the bill requires 6-percent state withholding tax for 1099 employees who cannot provide a taxpayer ID number, who provide an incorrect taxpayer ID number, or who provide a non-resident taxpayer ID number. This is similar to a federal requirement.

5) Beginning July 1, 2007, it requires citizenship verification of state employees and employers with state contracts and subcontracts. This includes contracts for state agencies, departments and instrumentalities of the state and contracts and subcontracts to use the federal BASIC Pilot program for newly hired employees to verify lawful employment in the United States. The employer must perform employment post-hiring check. This provision is to be implemented in stages: effective July 1,2007, for employers with 500-plus employees; effective July 1, 2008, for employers with 100-plus employees; and July 1,2009 for employers with less than 100 employees.

6) Beginning July 1, 2007, citizenship verification is required for individuals over the age of 18 using Georgia’s public services to ensure they are legally eligible to receive those services. This requires that entities verify legal U.S. residence for local, state or federal benefits administered by a state agency or a political subdivision of the state where residence is a requirement and where the individual requesting benefits is older than age 18. It exempts prenatal and emergency care (same exemptions as federal exemptions for residence verification). All individuals receiving state benefits are required to sign one of two affidavits, either stating the individual is a U.S. citizen or a legal alien. All “legal alien” affidavits must be checked in the federal SAVE program database to verify lawful eligibility for public benefits.

7) Beginning July 1, 2007, the bill gives Georgia law enforcement the authority to crack down on human trafficking and requires jail personnel to check the legal status of those who are charged with a felony or DUI and notify Immigration and Customs Enforcement (lCE) if the individual is not legally in the United States. This practice already is occurring in Georgia’s state prison system.

e-mail: phollis@farmpress.com

Discuss this article 13

that a unfair law

By Anonymous (not verified)  on Mar 3, 2011

come people stop being racist , we mexicans are here to work and give our kids a better tomorrow!! why can't we all get along!!

By Anonymous (not verified)  on Mar 6, 2011

We all can get along when everybody start doing the right thing some of us hispanics dont want to pay tax, but still we want to use public servises that are no cost or little cost to u.s. citicens in a way i do understand u.s. citicens bout there concerns and been mad @ us hispanics but i do think to that they are going to the extreams on these new laws that gov are coming up with. why not just ask for an i.d. gov issued and get servises, if a person dont have a proper i,d with them just deny the service. Reminder to us hispanics or to all hispanics lets start doing the right thing this is a free country but not are country. We take srvices that we dont pay tax for, i been trying to do the right thing since i tured 18 been doing my taxes, paying my taxes i.

By Anonymous (not verified)  on Mar 9, 2011

this laws r goin out of hand the Hispanics just come here to work n to give their families a better way of life it something they cant do n their countries. They come to this country because it is a place where u can live their dreams but so far this country is crushing their dreams. The gov. is just splinting apart their families. How will u fill if you were split away from your love ones? They way I see it this laws is going towards they hispanic population. The declaration of independence states that " All men are created equally" and lately that haven't been the case. Even people that have made very serious crimes don't get as much punishment as one who has simple come across the border to earn a living. Wish the gov. would just look at the law from a different angle, from the illegal immigrants view. How will it affect them more? Is it good that the gov. have the right to split families apart?

By Anonymous (not verified)  on Mar 15, 2011

Then pay your taxes like everyone else! And come here legally. Dont come and commit crimes!!!!!!!!!!!!!!!!!!!!

By Anonymous (not verified)  on Mar 15, 2011

ALOT OF THEM DO PAY TAXES. HOW WOULD YOU LIKE IT IF YOUR FAMILY WAS SNATCHED AWAY.BECAUSE OF WHO YOU U LOVED. YOU CANT HELP WHO YOU FALL IN LOVE AND HAVE KIDS WITH. SO STOP HATING ON IMMIGRANTS BECAUSE YOU ALL ARE KILLING THESE POOR CHILDREN THATS HAVING TO SUFFER BECAUSE OF SOMETHING YOU LIKE OR DISLIKE.

By Anonymous (not verified)  on Jul 24, 2011

WE COME HERE TO LIVE A BETTER LIFE AND TO GIVE OWER CHILDREN SOMETHING THAT THEY WILL NEVER HAVE IN OUR COUNTRIES AND THAT ID A BETTER LIFE.WE WORK HARD EVERYDAY FOR OUR MONEY AN MOST OF US HISPANICS DONT GET INTROUBLE WITH THE LAW OR CAUSE ANY TROBLE..SO PLEASE JUST GIVE US A CHANCE!!!!

By Anonymous (not verified)  on Mar 23, 2011

First off, illegal immigrant is not a race. If you want to give your kids a better tomorrow do it legally. If you want fair, do it legally. Thousands of people spend time and money to legally come to this country and make a better life. How is it fair to them to come here illegally then demand that the country kowtows to you? How about we change to the laws Mexico uses on people who enter that county illegally? That makes the laws Georgia is trying to pass look absolutely lax. Until you legally become a citizen, this county owes neither you or your children anything.

By Sevenseas (not verified)  on Mar 24, 2011

WHEN THEY ARE MIXING CHILDREN IT IS .IT BECOMES A RACE OF ITS OWN AND IF YOU HAVE CHILDREN MAYBE YOU WAS UNDERSTAND HOW OTHER PEOPLE FEEL ABOUT THEIRS.

By Anonymous (not verified)  on Jul 24, 2011

Illegal Immigrants ARENT just Mexican, or Hispanics in general. Illegal immigrants dont have a specific race, but this country has made it that way so when people think of illegal immigrants they automatically picture a hispanic. You tell me if that isnt racial profilling. Its DISCRIMINATION, RACISIM, & noone has the right to judge a whole community when they have no idea the things us as Hispanics Face. Dont Judge if you have no clue. Hispanics ARENT criminals. Theres people out there who murder & they arent targeted as much as this laws are targeting the hispanic community. Tell me if thats fair. Hispanics arent the only illegal people in this country. & to be honest the United States needs the Hispanic community, hispanics have contributed greatly to the United States agricultral feild among other things. So please be atleast RESPECTFUL and not leave IGNORANT comments as well as RACIST comments. This is something serious, people are actually sufering have some respect.

By Anonymous (not verified)  on Apr 13, 2011

i am not racist.but i think if you want to work here give your family a better life then come here legal and do not take from us who are legal and live off govermor and have your kid with medcial and work under different name and social secuity card because it is not right .if we go to your counrty could we work like that no

By Anonymous (not verified)  on Apr 30, 2011

You know no one should be judged by their race.. I personal dont agree with this new law but this is what i think. Mexicans do come here and work hard and dont cause problems mind their own and do good for their kids.. Just like anyone would they are thinking of someone besides their self.. Like thier children.. We have much worse problems in this state then this and could waste the time on something else. This state is going to hurt they just dont know it yet... Americans are greedy and ony work for 20 an hour nothin gets done with that. These mexicans work sun up to sun down for cheap.. And get the job done. It will have effect on everyone they just dont know it yet.

By Anonymous (not verified)  on May 15, 2011

Do you really want to know what i think of this new law that is going to post come july 1st??? You all complain and complain about how they come here illugely and how they are taking your jobs and blah, blah,blah but have you stopped and thinked where you vegetables are coming from who is picking them well let me tell you its as you all call "MEXICANS" yep they are the ones working their butts in the fields as hot or cold as it is it dosnt matter they work and for lil pay. so i suggest everone that is complaning just keep you complaning and watch and see when they do deport all THE MEXICANS what you all are going to do with out your vegetables bc i know and assure you you guys aint going to take your lazy butts out their int the heat for lil pay.Next time you start complaing about them think about if it wasnt for them MEXICANS would i really have my vegetables???????

By Anonymous (not verified)  on Jun 6, 2011
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