Georgia Governor Enacts Strict Immigration Law

Georgia’s Governor, Nathan Deal has enacted a strict new immigration law the “Illegal Immigration Reform and Enforcement Act of 2011”.  Georgia has the 6th highest number of illegal residents which places a large strain on the state’s taxpayers. “The use of E-Verify means everyone plays by the same rules and it protects employers by giving them a federal stamp of approval on their workforce”, says Governor Deal. The law will impact Georgia public and private employers.

The Illegal Immigration Reform and Enforcement Act of 2011, portions which go into effect July 1, 2011, outlines several requirements and timetables including the following:

  • Contractors must not enter into any contract with public employers for the physical performance of services unless the contractor registers and participates in E-Verify, or any subsequent replacement program.
  • Subcontractors must not enter into any contract with a contractor unless the subcontractor registers and participates in E-Verify, or any subsequent replacement program.
  • Every private employer with more than ten (10) employees must register and utilize E-Verify, or any subsequent replacement program-

a)      Effective 1/1/2012 for private employers with 500 or more employees.

b)      Effective 7/1/2012 for private employers with 100 or more employees, but fewer than 500 employees.

c)       Effective 7/1/2013 for employers with more than ten (10) employees, but fewer than 100 employees.

The immigration law includes that an employee is an individual who works not less than 35 hours per week.

Employers will also be required to comply with the provisions of the Illegal Immigration Reform and Enforcement Act of 2011 and provide evidence of participation in E-Verify as a prerequisite to obtain or renew specified business licenses, occupational tax certificates, or other documents that may be required to operate a Georgia business.