SB 40 - Immigration Status Verification of Private Business Workers - Georgia Key Vote


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Title: Immigration Status Verification of Private Business Workers

Vote Smart's Synopsis:

Vote to pass a bill that requires businesses to verify the immigration status of newly hired employees.


  • Prohibits a public employer from entering into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program (Sec. 2).
  • Requires every private employer with five or more employees to registers with and utilize the federal work authorization program to verify whether newly hired employees are authorized to work (Sec. 3).
  • Requires businesses with 500 or more employees to comply with the federal work authorization program by July 1, 2011, and businesses with 100 or more to comply by January 1, 2012, and for businesses with 5 or more employees to comply by July 1, 2012 (Sec. 3).
  • Authorizes a verification to be conducted within three business days of any newly hired employee (Sec. 3).
  • Authorizes a business that has been notified of a potential violation to correct the allegation within 5 business days (Sec. 3).
  • Requires every immigrant, 18 years of age and over, to register pursuant to federal law and be issued a certificate of registration that shall be carried at all times (Sec. 4).
  • Authorizes a peace officer, who has probable cause, to seek to verify such suspect's immigration status when the suspect fails to provide one of the following (Sec. 5):
    • A valid Georgia driver's license;
    • A valid Georgia identification card issued by the Department of Driver Services;
    • Any valid driver's license from a state or district of the United State or any valid ID document issued by the United State federal government; or
    • Other information as to the suspect's identity that is sufficient to allow the peace officer to independently identify the suspect.
  • Authorizes a peace officer that receives verification that such suspect is an undocumented immigrant to (Sec. 5):
    • Detain the suspected undocumented immigrant;
    • Securely transport the suspect to an authorized federal or state detention facility; or
    • Notify the United States Department of Homeland Security or successor agency.
    • Specifies an effective date of July 1, 2011 (Sec. 10).