Michele NeSmith, Esq.
Association County Commissioners of Georgia
April 12, 2016
Program Overview
 E-Verify and SAVE Overview
 Private Employer Requirements
 SAVE Requirements
 Secure and Verifiable Documents
 Enforcement
 Reporting Requirements
 Update on 2016 Immigration Legislation
 Question and Answer Session
E-Verify and SAVE Distinctions
 E-Verify is used to verify the employment eligibility of
U.S. and non-U.S. Citizens
 SAVE is used to verify the legal status of non-U.S.
citizens to determine eligibility for public benefits
What is E-Verify?
 It is a Web-based system that electronically verifies the
employment eligibility of newly hired employees.
 E-Verify is a partnership between the Department of
Homeland Security (DHS) and the Social Security
Administration (SSA). U.S. Citizenship and Immigration
Services (USCIS) oversees the program.
 It works by allowing participating employers to
electronically compare employee information taken from
the Form I-9 (the paper-based employee eligibility
verification form used for all new hires) against records in
SSA's database and the records in the DHS immigration
databases.
E-Verify Requirements
 Government Usage
 Contractor Affidavit
 Private Employer Affidavit
E-Verify Requirements for
Private Employers
Private Employer Requirements
• All private employers seeking an occupation tax
certificate, business license or other documents
required to operate a business must comply
 As of July 1, 2013, it applies to all employers with more
than 10 employees
 Employee is defined as working at least 35 hours per
week
Private Employer Affidavit Requirements
 Before issuing the initial business license, occupation
tax certificate, or other documents required to operate
a business, the city or county must require the private
employer to:
 Submit an affidavit that they are registered and using E-
Verify or are exempt from the requirement
Where Can I Find The Private Employer
Affidavit?
The AG’s Office Website: http://law.ga.gov/immigrationreports
Private Employer Affidavit Of Compliance Pursuant To O.C.G.A. §
36-60-6(d)
Private Employer Affidavit Pursuant To O.C.G.A. § 36-60-6(d)
By executing this affidavit under oath, the undersigned private employer verifies one of the
following with respect to its application for a business license, occupational tax certificate,
or other document required to operate a business as referenced in O.C.G.A. § 36-60-6(d):
Section 1 Please check only one:
(A) ________ On January 1st of the below-signed year, the individual, firm, or corporation
employed more than ten (10) employees*
*** If you select Section 1(A), please fill out Section 2 and then execute below.
(B) ________ On January 1stof the below-signed year, the individual, firm, or corporation
employed ten (10) or fewer employees
.
*** If you select Section 1(B), please skip Section 2 and execute below.
*To determine the number of employees for purposes of this affidavit, a business must count its total
number of employees company-wide, regardless of the city, state, or country in which they are based,
working at east 35 hours a week
Private Employer Affidavit Of Compliance Pursuant To
O.C.G.A. § 36-60-6(d)
Section 2
The employer has registered with and utilizes the federal work authorization program in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 36-60-6. The undersigned private employer also attests that its federal
work authorization user identification number and date of authorization are as follows:
__________________________________
Name of Private Employer
__________________________________
Federal Work Authorization User Identification Number
__________________________________
Date of Authorization
------------------------------------------------------------------------------------------------------------------I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____
(city), ______ (state).
__________________________________
Signature of Authorized Officer or Agent
__________________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__.
_______________________________________________
NOTARY PUBLIC
My Commission Expires: __________________________
Private Employer Renewals
 For all subsequent renewals of a business license,
occupation tax certificate or other document required
to operate a business, the private employer is not
required to submit an affidavit
 For renewals, the private employer is only required to
provide their E-Verify number or assert they are
exempted from this requirement
Private Employer Restrictions
 Once the private employer has submitted the affidavit
with their E-Verify number, they can ONLY renew
with the same number
 Exception: The can renew with another E-Verify
number if they provide a sworn document explaining
the reason for a new or different E-Verify Number
How to Collect E-Verify Information on
Renewals
 The law is silent on how to collect this information
 Suggested collection methods
 Add these requirements to existing license forms
 Add these requirements as additional fields for
electronic collection of information
Recap of E-Verify Private Employer
Requirements
 Require all private employers seeking an occupation tax
certificate/business license or other required document to
sign and submit the E-Verify Private Employer Affidavit on
initial application
 Require all private employer upon renewal to provide their
E-Verify number or assert they are exempt
FAQ’s on Private Employer EVerify Requirements
E-Verify Private Employer Affidavits
Q: Are we required to collect multiple E-Verify
Private Employer affidavits if a private employer comes
in for multiple licenses?
A: No, one affidavit per calendar year will meet the
requirements of the law.
Number of Employees
Q: How are the number of employees calculated for the
purpose of identifying which companies are subject to
the E-Verify Private Employer requirements?
A: It applies to the total number of employees regardless
of the location in that the statute does not provide
limiting language.
Affidavit Retention
Q: What do we do with the E-Verify Private Employer
affidavit when it is collected from an applicant?
A: Once you receive an executed E-Verify Private
Employer affidavit you retain it per your local
governing authority’s records retention schedule.
SAVE
What is the SAVE program?
 The Systematic Alien Verification for Entitlements
(SAVE) program is operated by the Department of
Homeland Security division of the United States
Citizenship and Immigration Services (USCIS)
 Used to determine the legal status of individuals
seeking federal, state or local public benefits through
benefit granting agencies
Who is an Applicant?
An “applicant” is any natural person, 18 years or older,
who has made application for access to public benefit
on behalf of an individual, business, corporation,
partnership or other private entity.
O.C.G.A. § 50-36-1(a)(3)
How Do I Use the SAVE Affidavit?
 The affidavit should be used when anyone meeting the
definition of “applicant” applies for a public benefit
with your government
 If the person requesting the benefit is not a U.S.
Citizen, their alien ID number submitted with the
affidavit must be verified through the SAVE system
US Citizens v. Non-Citizens
 U.S. citizens are no longer required to submit an
affidavit and secure and verifiable document for
the renewal of a public benefit if previously
provided
 Non-U.S. citizens are still required to provide the
affidavit and secure and verifiable document
annually for renewals
SAVE/Public Benefit Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ [type of public benefit],
as referenced in O.C.G.A. § 50-36-1, from _________________________ [name of government entity], the
undersigned applicant verifies one of the following with respect to my application for a public benefit:
1) _________I am a United States citizen.
2) _________I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act
with an alien number issued by the Department of Homeland Security or other federal immigration
agency.
My alien number issued by the Department of Homeland Security or other federal immigration agency
is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at
least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_______________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and willfully
makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation
of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute.
Where Do I Access the SAVE System?
https://save.uscis.gov/web
Who can be verified through SAVE?
 Immigrants
 Non-immigrants
 It CANNOT be used to verify U.S. Citizens
What is a Public Benefit?
• “Public benefits” are defined as a federal, state or local
benefit as provided under O.C.G.A. § 50-36-1(a)(4)
List of Public Benefits in Statute
 Adult Education
 Medicaid
 Cash Allowance
 Occupational License
 Disability Insurance
 Professional License
 Down Payment Assistance
 Rent Assistance
 Energy Assistance
 State Grant or Loan
 Food Stamps
 State ID Card/Driver’s
 Gaming License
License
 TANF
 Unemployment Insurance
 Welfare to Work
 Health Benefits
 Housing Assistance
List of Public Benefits in Statute
 Business certificate,




license or registration
Business loan
Loan guarantee
Registration of a
regulated business
Retirement benefits
 Tax certificate required to
conduct a commercial
business
 Authorization to conduct
a commercial enterprise
or business
 Grants
 Public and assisted
housing
Steps To Take To Ensure Compliance With
SAVE




Register for the SAVE program
Annually renew SAVE registration
Document all correspondence with DHS
Check with your county or city attorney in the event
the SAVE system is unable to verify an alien ID
number
 Use the affidavit provided for all departments that
provide public benefits
 Review the list of benefits provided in statute with
your county or city attorney to determine if they apply
to your government
 Use secure and verifiable documents
FAQ’s on SAVE and Public
Benefits
Permits as a Public Benefit
Q: Are building permits considered to be a public
benefit?
A: No.
Naturalized Citizens
Q: Should naturalized citizens be verified through the
SAVE program?
A: No. Naturalized citizens are U.S. citizens and
should be treated as such. However, legal permanent
residents should be run through the SAVE program.
SAVE Affidavit Signatures
Q: Who can sign and present the SAVE affidavit on
behalf of an applicant for a public benefit?
A: Any person who is 18 years of age or older and who
is authorized to execute binding legal documents on
behalf of an individual, business, corporation,
partnership, or other private entity requesting a public
benefit may sign the SAVE affidavit and present
identification on behalf of said entity.
Insurance Co. Licenses
Q: Are Insurance Company Licenses for municipalities
considered a public benefit?
A: No. Although there is a section of law authorizing
municipalities to impose and collect a license fee from
insurance companies for the privilege of engaging in the
business of insurance within the municipality, Georgia law
states that only the Commissioner of Insurance can issue a
certificate of authority to conduct business in Georgia to an
insurance provider. The license fee that municipalities are
allowed to impose, therefore, are only issued to show
payment, and are not considered a commercial license
which requires a SAVE affidavit for a public benefit.
Enforcement
Immigration Enforcement Review Board
 Review and investigate complaints
 Take remedial action (hold hearings and compile
evidence)
 Subpoena relevant documents and witnesses
 Only applies to State and local governments
Filing and Investigating Complaints
 Complaints May be Filed by Legal Residents that are
Legally Registered to Vote
 Reviews complaints on:
 E-Verify Employment and Public Contractor Violations
(O.C.G.A. § 13-10-91)
 Sanctuary Policies (O.C.G.A. § 36-80-23)
 Public Benefit/SAVE Violations (O.C.G.A. § 50-36-1)
 Method to File Posted on the Department of Audits’ Web
site
Sanctions
 Only apply if knowingly and willfully violated law
 Apply to individuals
 May be appealed to full Board
 Must appeal within 30 days of sanction
 Full Board may affirm, overturn or modify initial decisions
and sanctions
 Attorney General brings civil action to enforce compliance
Penalties
 Fines of up to $10,000 for intentional and knowing failure by







agency heads to comply
Sanctions of $1000-$5000 for knowing and willing failure to
comply
Removal from office
High and aggravated misdemeanor charges
Fines of $1000 and up to 12 months in jail for knowingly
accepting fraudulent documents
Loss of qualified government status
Loss of state appropriated funds
Failure to submit the public benefits section of the combined
report will result in loss of financial assistance, funds or grants
from DCA
Secure and Verifiable
Documents
Secure and Verifiable Documents
 AG’s Office is required to publish an annual list of
acceptable documents by August 1st of each year
 Applies to any purpose that requires the presentation
of identification by a government, including SAVE
 Secure and verifiable documents can be submitted by mail,
in person, or electronically in a manner approved by the
county or city
Examples of
Acceptable Secure and
Verifiable Documents
Birth Certificates
 Original or certified birth certificates issued by a
state, county, municipal authority or U.S. territory
bearing an official seal and certificates of live
birth, birth abroad or consular report of birth
issued by the U.S. Department of State are now
acceptable secure and verifiable documents
United States Passport or
United States Passport Card
 Passports are issued to citizens and non-
citizens owing allegiance to the United
States.
United States Uniformed Services Privilege
and Identification Card
 Military ID cards come in many different
forms. The smart card issued to active duty
and reserve members is to the right. Tan
cards are issued to dependents of members,
red to retired reservists, blue to retirees, and
green to reservists.
Driver’s Licenses and
Identification Cards
 The list of Secure and Verifiable Documents issued by the
Office of the Attorney General of Georgia includes driver’s
licenses and identification cards from all states in the
United States, the District of Columbia, Puerto Rico,
Guam, the Northern Marianas Islands, the U.S. Virgin
Islands, American Samoa, or the Swain Islands as long as
the card has a photograph and identifying information.
 Because of the sheer number of cards which would fall
under this part of the list, cities and counties would be wise
to evaluate each individual card or driver’s license as they
are presented to the city or county.
Tribal Identification Card
 Cards must be from a federally recognized Native American tribe
and contain a photograph and identifying information.
 There is a very large number of Native American tribes and many
have their own identification card. For a full list of federally
recognized tribes, please check:
http://www.bia.gov/whoweare/bia/ois/tribalgovernmentservices
/tribaldirectory/index.htm .
 Below is a sample ID card from the Cherokee Nation.
United States Permanent Resident Card or
Alien Registration Receipt
 The United States Permanent Resident Card (Form
I-551) was formerly known as the Alien Registration
Receipt Card (I-151).
 The card is also commonly known as a “green card”
due to many versions having a green hue.
Employment Authorization Document (EAD)
 This document is commonly known as a “work permit”
and allows a recipient to legally work in the United
States.
 The document must contain a photograph.
Passport of a Foreign Government
 There are nearly 200 countries in the world, many of which
issue passports.
 Passports from foreign countries must be assessed on an
individual basis.
 Must have a valid U.S. Homeland Security Form I-94, I94A, or I-94W, or other federal document specifying lawful
presence or other proof of lawful presence (The passport
must have the other document or it not acceptable.)
Merchant Mariner Document or Credential
issued by the United States Coast Guard
 A Merchant Mariner Credential will replace
the Merchant Mariner Document as they
are phased out and looks like a passport. A
sample is to the right.
 A Merchant Mariner Document is also
known as a Z-Card and is about the size of
a driver’s license. It is being phased out of
use. A sample is below.
Free and Secure Trade
(FAST) Card
 The Free and Secure Trade program enacted to
expedite trade between the United States and Canada
and the United States and Mexico.
 FAST driver cards are travel documents for expedited
entry into the United States to approved drivers
making qualified trips.
NEXUS Card
 The NEXUS program allows pre-screened travelers
expedited processing by Canadian or United States
officials for air, land and sea travel.
Secure Electronic Network for Travelers
Rapid Inspection (SENTRI) Card
 The Secure Electronic Network for Travelers Rapid
Inspection (SENTRI) Program allows pre-screened
travelers expedited processing by United States or
Mexican officials for land, air or sea travel.
Canadian Driver’s License
 Canada has thirteen total provinces
and territories. Therefore, when
shown a Canadian driver’s license
local government employees should
research the license themselves.
 A few sample Canadian driver’s
licenses are provided here.
A Certificate of Citizenship issued by the United
States Department of Citizenship and Immigration
Services (USCIS)
 The Certificate of Citizenship (Form N-560 or
Form N-561) is a document issued by the United
States government as proof of citizenship.
A Certificate of Naturalization issued by the United
States Department of Citizenship and Immigration
Services (USCIS)
 A Certificate of United States Naturalization (Form N-550
or Form N-570) is a document issued by the United States
government which proves a person has obtained
citizenship through naturalization.
Other Secure and Verifiable Documents
 The Office of the Attorney General of Georgia created
a catch-all in the list of Secure and Verifiable
documents requiring acceptance of documents for
proof of or documentation of identity if so required by
federal law.
 Such documents are deemed “secure and verifiable
documents” by the Attorney General of Georgia.
Unacceptable Forms of ID
 Matricula Consular de Alta Seguridad
 Matricula Consular Card
 Consular Matriculation Card
 Consular Identification Card
 Foreign passports unless submitted with a valid U.S.
Homeland Security Form I-94, I-94A, or I-94W, or
other federal document specifying lawful presence or
other proof of lawful presence
Annual Immigration
Reporting
Reporting Requirements
 Counties and cities are required to submit a combined
report (E-Verify Contractor, E-Verify Private Employer, &
SAVE) annually to the Department of Audits & Accounts by
December 31st
 The reporting period for each year is from December
1st of the preceding year through November 30th of the
current year
 The information required to be provided in the report
can be found in O.C.G.A. § 50-36-4
What E-Verify Private Employer Information
Should be Included in the Report?
 Name of the person and business issued a license or other
document
 E-Verify Number of the business issued a license or other
document
 Whether the business is exempt
 The business license/certificate number (Required by
DOAA, not listed in statute)
Should Renewals Be Included in the Report?
 “As O.C.G.A. §50-36-4 specifically requires the
reporting of licenses issued but does not specifically
require the reporting of licenses renewed, it seems
reasonable that counties and municipal corporations
would not be required to report renewals…”
Source: Informal Advice from the AG’s Office, September 20,
2013, Question 8, Pages 7-8
Private Employer Reporting Template
Other E-Verify Reporting Requirements
 E-Verify Number and Date of Authorization
 Provide Contractor Affidavit Information
 Legal Name, Address, & E-Verify Number
 Date of Contract
Contractor Reporting Template
SAVE Reporting Requirements
 List each public benefit administered by the county or
city and whether SAVE authorization has not been
received for issuing the benefits
How Do I Submit My Report?
 To access the reporting website, go to the following page on
the Department of Audits & Accounts (DOAA) website:
https://www.audits.ga.gov/auth/login.aud
 For general information about reporting information go to
the following page on the DOAA website:
http://www.audits.ga.gov/NALGAD/IllegalImmigrationRef
ormandEnforcementAct.html
 The report has to be submitted electronically through the
DOAA system
DOAA Website
Log In For DOAA Website
 Log In Web Address: www.audits.ga.gov/auth
Reporting Deficiencies
 If DOAA finds the report submitted to be deficient, as
long as the city or county submits a new report with
the deficiencies corrected they are considered to be
compliant
2016 Immigration Legislation
 SB 269-Requires Cities and Counties to Certify Non-
Sanctuary Compliance to Receive State Funds
 As part of the annual immigration report, counties and
cities will be required to provide a certificate of
compliance
Important Websites
 Department of Audits
http://www.audits.ga.gov/NALGAD/IllegalImmigratio
nReformandEnforcementAct.html
 Department of Law (AG’s website)
http://law.ga.gov/immigration-reports
Questions?
Michele NeSmith, Esq.
404-522-5022
[email protected]