Our Plan
An effective, local anti-illegal immigration policy requires a multi-faceted approach that strikes at the primary attractions that bring illegal immigrants to our county:
- Employment — The primary draw to our county is the availability of minimum wage jobs requiring unskilled labor. Our policy seeks to make those jobs available to legal workers by requiring employers to obey federal labor law. Companies that refuse to obey the law are barred from doing business in Gwinnett;
- Public Benefits — Both federal and state law prohibit local governments from providing certain public benefits to ineligible persons; yet, very few Gwinnett government entities are in full compliance with the law. Our policy requires the county, cities and school system to verify eligibility for public benefits;
- Housing — Under development
- Criminal law enforcement — Under development
Policy Recommendations
1. Require all applicants for a business license to enroll in E-Verify: Applicants for a business license or renewal of same should be required to first enroll in the federal E-Verify program for the verification of the employment eligibility of its new hires. Failure to maintain enrollment in E-Verify would result in the suspension or revocation of the license. Establish a complaint process whereby any citizen can file a written, signed complaint regarding an alleged unauthorized worker; and a process for investigation and resolution.
2. Require all business license applicants to certify eligibility: The Georgia Security and Immigration Compliance Act (formerly SB529) requires state and local governments to verify that business license applicants are legal residents. Improperly (in my opinion) interpreting the state law, the county only requires sole proprietor and sole member LLC applicants to certify eligibility; partnerships and corporations are exempt from examination. An illegal alien can still receive a business license in Gwinnett simply by putting a second name on the application… no one will check. [Details]
The county could legitimately interpret the law to apply to all partners in a business entity and all officers of a corporation, and should do so immediately.
3. Require business license renewal applicants to certify: The county is failing to require license renewal applicants of any business type to certify eligibility, in clear violation of the GSICA. A license renewal applicant is no less the recipient of a public benefit than the first-time applicant. As a result, illegal aliens who currently hold Gwinnett business licenses will continue to do so under Bannister’s policy.
[Update: For 2010 license renewals, the county will now require renewal applicants to certify eligibility, but under the guidelines described in #2 above.]
4. Require Gwinnett cities to obey state law. Not a single Gwinnett municipality has fully complied with the GSICA regarding both the verification of its own workers’ employment eligibility and the verification of applicants for public benefits like business licenses. Currently, illegal aliens can receive a business license in any of Gwinnett’s cities; no questions asked. As a part of any intergovernmental service agreement, the county should require that the cities fully comply with state law or risk losing grants or other funding.
5. Prohibit harboring of illegal aliens: Adopt an ordinance making it unlawful to harbor an illegal alien, to include renting or leasing to an illegal alien. Single-family residential, apartments and hotel rooms are included.
6. Issue an occupancy license. Potential renters must first obtain a license. License applicants who are citizens must certify, under oath, that they are eligible to receive the public benefit. Non-citizen applicants will be verified through the federal SAVE program. The owner or manager of any rental unit is prohibited from renting to any person who does not have an occupancy permit for that residence.
[Current Georgia law may prohibit the adoption of ordinances affecting rental to illegal aliens. If so, county officials must aggressively pursue changes in the law through the Gwinnett delegation to the State Legislature. In the interim, the owners of any real property leased or rented for profit should be required to hold a business license.]
7. Adopt a local enforcement and anti-sanctuary ordinance: Establish a policy of full cooperation between county law enforcement and federal immigration enforcement agencies. Require verification of the immigration status of persons detained for violations of state or county law. Prohibit restrictions on official communication by county officials and personnel with federal immigration authorities.
8. Aggressively enforce the property maintenance ordinance: The presence of illegal aliens in our neighborhoods has a direct and measurable correlation to the physical condition of residential structures with the neighborhood. Properties harboring illegal aliens are often not maintained or are visibly altered to house more people. The Commission must commit to aggressive enforcement of the ordinance, giving particular attention to evidence of harboring.
9. Require the recipients of any public monies to certify compliance with state and local law: Under the GSICA, the recipients of public contracts are required to participate in E-Verify for the verification of any employee working in the public contract. The county should likewise require that any recipients of public monies (non-profit organizations, for example) participate in E-Verify and also ensure that services funded by public monies are not provided to illegal aliens.
To the extent allowed by state and federal law and to the extent that funding is provided, the county should require higher educational institutions within the county to bar enrollment or eligibility for financial aid to an illegal alien.
10. School system must verify eligibility for public benefits: The school system is most likely required to verify the citizenship status and eligibility of any applicant for the public benefit of a free or reduced lunch. The School Board should immediately determine what benefits that it does provide are subject to the GSICA.
