Georgia to Require E-Verify, Allow Law Enforcement to Investigate Immigration Status

Georgia Governor Nathan Deal last week signed into law the Illegal Immigration Reform and Enforcement Act of 2011. The new law mimics many of Arizona’s infamous immigration provisions, including the requirement that most employers in the state use E-Verify. The law will also allow local law enforcement to, under certain circumstances, investigate individuals’ immigration status.

E-Verify Required for All Employers with More Than Ten Employees

The Georgia law takes effect July 1 and will require any business in Georgia with 500 or more employees to use the federal government’s E-Verify program to verify the employment eligibility of employees hired after January 1, 2012; businesses with 100 or more employees but fewer than 500 must use the E-verify program beginning July 1, 2012, and those businesses with more than ten employees but fewer than 100 must use the E-verify program as of July 1, 2013.

The federal E-verify program requires employers to verify the information provided by newly hired employees during the I-9 process against information contained in federal databases. The E-Verify system is an online verification system that may provide employers with some “peace of mind” about their employees’ immigration status. While the federal government does not charge for its use, the system comes with some administrative costs and potential headaches. The rules regarding its use are complex and require certain changes to the I-9 process. Additionally, employers using the system may be more likely than others to be investigated by the Department of Homeland Security due to the information about new hires that they provide to DHS through use of E-Verify – information which otherwise resides in employers’ filing cabinets until requested by DHS investigators. For more information about E-Verify and its pros and cons, contact Seyfarth Shaw.

Suspects to be Questioned about Immigration Status

Similar to Arizona’s most controversial immigration provision, the Georgia law allows local law enforcement officers to question suspects about their immigration status. The Arizona provision and similar legislation in Utah have resulted in expensive legal challenges and boycotts.

Civil rights groups, including the American Civil Liberties Union and the Southern Poverty Law Center, are concerned that the law will result in discrimination based on physical appearance. Business groups in Georgia, including the Georgia Chamber of Commerce, fear the loss of business that will result from anticipated boycotts and from the hostile environment created by the new law.

For guidance on complying with the new Georgia immigration law, please reach out to the Seyfarth Shaw attorney with whom you work or to any attorney in Seyfarth’s Business Immigration Group, listed here.