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FMG Law Blog Line

Federal Court Enjoins Portions of Georgia’s New Immigration Law

Posted on: June 28th, 2011

By Leanne Prybylski

Yesterday, June 27, 2011, United States District Court Judge Thomas W. Thrash, Jr. signed an Order enjoining enforcement of portions of HB87 that were set to go into effect on July 1, 2011.  The ruling applies to Sections 7 and 8 of the law, which would have allowed state and local law enforcement officers to check the immigration status of persons under certain circumstances involving suspected criminal activity.  As long as the injunction remains in effect, “[s]tate and local law enforcement officers and officials have no authorization to arrest, detain, or prosecute anyone based upon Sections 7 and 8 of HB87.”  See page 45 of the Order.

Judge Thrash’s ruling does not affect portions of the new immigration law requiring businesses to register with and use E-Verify.  Section 3 of HB87, which goes into effect on July 1, 2011, revises and clarifies a current Georgia law, O.C.G.A § 13-10-91, requiring contractors of public employers to register with and use E-Verify prior to entering into a contract to perform physical services.  Section 3 also clarifies the flow down of the E-Verify requirement to all subcontractors and sub-subcontractors on such public projects.  From January 1, 2012 through July 1, 2013, Section 12 of HB87 phases in the requirement for private employers with more than ten employees to register with and begin using E-Verify prior to being issued a business license in Georgia.  It is important to note that employers using E-Verify pursuant to HB87 are only allowed to use E-Verify for verifying the employment eligibility of new employees hired on or after the date the employer registers with E-Verify.

For more information, please contact Leanne Prybylski at 770.818.1404 or[email protected].

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