GMA and ACCG Joint Training on Georgias Illegal Immigration Reform - - PowerPoint PPT Presentation

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

P t d b Presented by

• J. Larry Stine &

Raymond Perez II Wimberly, Lawson, Steckel, Schneider & Stine, P .C. 3400 Peachtree Road, Suite 400 , Atlanta, Georgia 30326 404-365-0900 September 19, 2011

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

• Form I-9 and E-Verify Overview

Form I 9 and E Verify Overview

• E-Verify Public Contract Requirements
• E-Verify Requirements for Private Employers

C l li ibili ifi i Current Employment Eligibility Verification Requirements for Public Employers in Georgia

• Completion of the Employment Eligibility

V ifi i F I 9 ( i d b I i i 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) Immigration Compliance Act of 2006 (GSICA)

C l li ibili ifi i Current Employment Eligibility Verification Requirements for Public Employers in Georgia

C l i F I 9 Completing Form I-9 Procedures

Current Employment Eligibility Verification Requirements for Public Employers in Georgia q p y g

Current Form I-9 Employment Eligibility Verification can be found at: http://www.uscis.gov/files/form/i-9.pdf http://www.uscis.gov/files/form/i 9.pdf

S ti 1 E l R ibilit Section 1‐Employee Responsibility

P /T l t S ti Preparer/Translator Section

S ti 2 E l R ibilit Section 2‐Employer Responsibility

S ti 3 E l R ibilit Section 3‐Employer Responsibility

R t ti f F I 9 Retention of Form I‐9

• Forms I-9 must be stored for 3 years after the

date you hire an employee Or

• One year after the date you or the employee

terminates employment, whichever is later

C ti f F I 9 Correction of Form I‐9

• No White-Out
• I iti l

d d t ti

• Initial and date corrections
• Re-Accomplish Using New Form I-9 when

necessary

Handbook for Employers Handbook for Employers Instructions for Completing Form I-9 at http://www.uscis.gov/files/form/m-274.pdf p g p

C l li ibili ifi i Current Employment Eligibility Verification Requirements for Public Employers in Georgia

Federal E-Verify Program

• All Public Employers required to verify employment eligibility of

all newly hired employees with E-Verify

• Must post E-Verify ID number and date of authorization on

website

E-Verify and DOJ-OSC Posters

C l li ibili ifi i Current Employment Eligibility Verification Requirements for Public Employers in Georgia

When to Verify a New Employee

C li ibili ifi i i Current Eligibility Verification Requirements for Local Governments

C l li ibili ifi i Current Employment Eligibility Verification Requirements for Public Employers in Georgia

Common E-Verify Usage Issues

C li ibili ifi i i Current Eligibility Verification Requirements for Local Governments

E‐VERIFY PROGRAM 22 August 6, 2008

E‐VERIFY PROGRAM 23 August 6, 2008

E-Verify: How it Works

 Initial verification will return one of three results within seconds:

 Employment Authorized

h l h d k

 The employee is authorized to work

 SSA Tentative Non-Confirmation

 There is an information mismatch with SSA  There is an information mismatch with SSA

 DHS Verification in Process

 DHS will usually respond within 24 hours with either an

y p Employment Authorized or DHS Tentative Non-Confirmation

E‐VERIFY PROGRAM 25 August 6, 2008

E-Verify: Case Resolution

 If Employment Authorized, the employer records the system-

generated verification number on the Form I-9 or can print out the E- Verify Confirmation Sheet and attach to the Form I-9. y

 If Tentative Nonconfirmation, the employee can contest the

finding and then:

 Social Security Number mismatches are resolved with SSA  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

p y Nonconfirmation and the employer may terminate the employee and resolve the case.

E‐VERIFY PROGRAM 27 August 6, 2008

Tentative Non-Confirmation (TNC)

 Inform the employee and print and review the TNC notice with

the employee. p y

 The employee chooses to “contest” or “not contest” the TNC.  Refer the employee to the appropriate agency if the TNC is

t t d contested.

 The employee has 8 Federal Government workdays from the date

• f referral to visit or call the appropriate agency to resolve the

discrepancy.

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

p y p y y should inform the employer.

 With both a SSA TNC and a DHS TNC, a response is electronically

t t th l th h th t Th l h ld h k sent to the employer through the system. The employer should check E-Verify periodically for the response.

TNC Case Resolution (Continued)

 The employer will receive one of three results:

 Employment Authorized  Employment Authorized  Final Nonconfirmation  Review and Update Employee Data then Resubmit

p p y

 The employer then resolves the case in E-Verify.

E‐VERIFY PROGRAM 33 August 6, 2008

Photo Screening Tool

 The E‐Verify photo tool enables employers to match the photo

• n an employee’s Employment Authorization Document (EAD),

P R id C d (“ d”) d U S P Permanent Resident Card (“green card”) and U.S. Passport or Passport Card to the photo that USCIS has on file for that employee.

E‐VERIFY PROGRAM 35 August 6, 2008

Other Requirements of E-Verify:

• Employee’s social security number must be listed in Section 1 of

the Form I-9

• If employee chooses to present a List B document, it must

contain a photograph p g p

Other Requirements of E-Verify:

h f l h

• 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 p p p y p y Form I-9

• Must maintain E-Verify Confirmation Sheet with employee’s

Must maintain E-Verify Confirmation Sheet with employee s Form I-9

E-Verify Statistics

Over 256 000 employers are enrolled in E-Verify which Over 256,000 employers are enrolled in E Verify, which represents over 870,000 hiring sites. This has resulted in:

• M

th 8 70 illi t d i FY 2009

• More than 8.70 million cases created in FY 2009
• More than 15.00 million cases created in FY 2010
• More than 7.50 million cases created to date in FY 2011

http://www.uscis.gov

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

E‐Verify Public Contract Requirements under GSICA:

• Applies to Public Employers, Contractors,

Subcontractors or Sub‐Subcontractors

• Relates to Contracts for the Physical

Performance of Services in Georgia

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

Definition of Contract? Definition of Contract? Physical Performance of Services = Public Works

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

House Bill 87 Amendments:

• Public Employer must have more than one

employee to be covered

• Services must take place in Georgia
• Additional guidance on required Affidavits

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

Responsibility of Public Employer

• Bid and Contract Requirements
• Monitoring and Recordkeeping
• Contractor and Subcontractor Affidavits

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

Affidavit Requirements:

• Must state that contractor is using E‐Verify;
• Must contain user ID number and date of
• Must contain user ID number and date of

authorization; M h ill i

• Must guarantee that contractor will continue to

use E‐Verify throughout the contract period;

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

Affidavit Requirements:

• Guarantee only to contract with subcontractors

who also present an E‐Verify affidavit;

• Must be signed and notarized.

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

ff d d f d d d Affidavits posted on Departments of Audits and Accounts and Georgia Department of Labor websites

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

Contractor, Subcontractor or Sub-Subcontractor with no employees: 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)

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

Contractor, Subcontractor or Sub-Subcontractor with no employees: employees:

• Must be provided to all parties like Affidavit
• Must comply with Affidavit requirements if necessary to

hire employees to complete contract

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

Contractor Affidavit Reporting Requirements:

• Must submit all Affidavits or other records to

public employer within 5 business days p p y y

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

Subcontractor Affidavit Reporting Requirements:

• Must submit at time of contract
• Must submit any Sub-Subcontractor affidavit

within 5 business days

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

Public Employer Reporting Requirements:

• Must submit Compliance Report to State Auditor

by December 31 of each year y y

• Must certify compliance and contain E-Verify

Number and date of authorization of entity and Number and date of authorization of entity and contractors

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

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

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

Public Employer Penalties:

• If any violations found, given 30 Day Period to

correct deficiencies

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

F l E l f L f Failure to correct = Exclusion from List of Qualified Local Governments Penalty in place until all deficiencies corrected

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

Public Employer Penalties:

• Appeal Rights to Office of

State Administrative Hearings g

• Penalties and time to correct tolled until

Final Ruling Final Ruling

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

Public Employer Penalties:

• Actions by County Constitutional Officer

cannot form basis of any violation y

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

Penalty for any person who knowingly makes a false statement Affid i

• n an Affidavit:
• Guilty of obstruction of public administration

y

• Can be fined up to $1,000.00, imprisoned for at least one year

but not more than five years or both but not more than five years, or both

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

• Any Contractor or Subcontractor convicted for false

ill l b hibi d f biddi i 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

www open georgia gov www.open.georgia.gov

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

No person can be held civilly or criminally liable for unknowingly 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

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

• Employers and state agencies cannot be subject to lawsuit or
• therwise held liable for complying with law

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

• Georgia Department of Labor required to conduct at least 100

random audits to ensure compliance subject to funding

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

E-Verify Requirements for Private Employers

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

House Bill 87 phases in new E-Verify Mandate for Private E l G Employers in Georgia:

• January 1, 2012 for employers with more than 500

employees; p y

• July 1, 2012 for employers with 100 or more

employees;

• July 1 2013 for employers with more than 10

July 1, 2013 for employers with more than 10 employees.

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

Wh h l d d

• Which employees are counted to determine coverage?
• Which employees are not counted to determine coverage?

p y g

• When does determination need to be made?

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

What is the responsibility for county and municipal corporations before they issue or renew a business license occupational tax before they issue or renew a business license, occupational tax certificate, or other document required to operate a business:

• P

t id id th t th E V if

• Person must provide evidence that they are on E-Verify or

demonstrate they are not covered by the law

• State AG’s Office will come out with Affidavit that satisfies

this requirement by January 1, 2012

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

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

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

Restriction on Private Employers:

• Once employer has submitted Affidavit with E-Verify ID

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

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

Penalties for failing to comply with E-Verify Mandate:

• Employer or government official can be found guilty of

Misdemeanor for providing false information Misdemeanor for providing false information

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

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

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

Potential Defenses:

• Acted in Good Faith
• Made reasonable attempt to comply

GMA d ACCG J i t T i i G i ’ Ill l GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification Reporting and Enforcement Verification, Reporting and Enforcement

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

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

QUESTIONS?