Written And Submitted by D.A. King
Liberal newspaper continues to push rejected illegal alien-friendly legislation
The morning after Rep Kasey Carpenter’s “instate tuition” bill formally expired due to an absence of Rules Committee attention, Greg Bluestein lamented the GOP had lost a chance to win over more immigrants and Latino voters. A real Mensch, Bluestein is always very concerned about the Republican’s well being.
In Friday’s online edition of the ‘Capitol Recap,’ AJC Premium Editor Jim Denery did a rerun of the Bluestein goop. It was then printed in the Sunday edition.
Neither of them seem to understand or care that Kasey Carpenter is a shameless huckster. Neither of them seems to understand simple immigration law and neither seems to be able to process news of federal court decisions reported in their own newspaper.
We have lost count of the number of news outlets that falsely reported that “DACA recipients” were the targets of Carpenter’s first two versions of HB 120 on instate tuition and that “DACA” was part of the bill language. Triple dog dare: show us the line numbers that contain “DACA”.
The reality, easily verified by actually reading those bills, is that DACA was never mentioned in the language. We think the various reporters swallowed Carpenter’s carnival barker, verbal presentation of the bill without reading the legislation. Either that or as often happens with the agenda-driven AJC, staff and management were in on the hustle.
This writer pointed this “DACA” discrepancy out to House legislators in committee. So did a retired federal immigration agent in a letter to legislators.
I also pointed out, again, that the AJC has reported the 11th circuit appellate court has ruled that illegal aliens with DACA are illegal aliens. How much “lawful presence” do they have? Zero.
Carpenter finally did actually insert “DACA” language into his Orwellian, ‘Hail Mary’ latest version. In addition to the existing instate and out-of-state tuition fees, he invented a new proposed tier of tuition rates: “Opportunity Tuition” – for illegal aliens who would be known as “Opportunity Students.”
It wasn’t “instate tuition” at all. Carpenter should feel cheated. He concocted this goofy Newspeak wording but the AJC ignored his handiwork.
Americans and legal immigrants from most other states would not be allowed to pay the lower “Opportunity Tuition” rates. Only illegal aliens who landed in Georgia before 2013 (or who move in with parents who say they were here in 2013) could get that special deal. At least until the next time these liberals couldn’t bear the “unfairness” of borders and immigration laws. Then it would be back to the Gold Dome to change that 2013 date to 2021 or whatever year they decided represented “justice.”
Georgia is home to more illegal aliens than green card holders according to the anti-enforcement Georgia Budget and Policy Institute.
The danger to pro-enforcement Georgians of the AJC’s constant hard sell is that most Georgia legislators know more about Martian trigonometry than they do about immigration.
In large part we blame this on reading and believing the AJC.
I left a voicemail for Denery late Friday afternoon. I don’t expect a return call and I don’t expect the AJC correction I asked his editors to run.
Written And Submitted By D.A. King
House panel advances HB 120 out of committee
A Republican-controlled Gold Dome committee has voted to advance legislation that would give illegal aliens lower tuition rates in Georgia than Americans and legal immigrants from most other states.
The bill, HB 120, was sponsored in the legislature by Dalton Republican Kasey Carpenter and has more Democrat cosigners than Republicans. Pro-enforcement opponents of the legislation began furious calls and emails to their legislators and Republican Speaker of the House Rep. David Ralston soon after the approval.
Advanced out of the twenty-five member House Higher Education Committee Thursday, the illegal alien friendly measure passed by a vote of 16-4, with
several Republican panel members staying away from the hearing. Committee Chairman Chuck Martin (R- Alpharetta) was clearly a proponent of the bill
and openly worked to adjust language to help future “undocumented workers” get a new, lower tuition deal in Georgia’s public universities and the state’s technical college system.
A notable “yes” vote came from Rome
Republican Katie Dempsey who seems to have experienced a liberal evolution since 2011 when she was a co-sponsor of the widely publicized, pro-enforcement ‘Illegal Immigration Reform and Enforcement Act of 2011’ (HB87).
“Voting with the Democrats to give special treatment to illegal aliens over Americans is not what we sent Republicans to Atlanta for” said one angry Rome GOP voter who wished to remain unnamed for fear of local reprisals.
Before he voted “yes” with the Democrats, Rep. Bert Reeves thanked the sponsor for his “courage”
in proposing the bill to help the effected illegals. Reeves also cited what he claimed were “unfair” attacks and “blatant lies” involved in the already widespread opposition to Carpenter’s illegal alien bill.
Reeves is not listed as a cosigner on HB 120. Powerful business interests who seek more affordable foreign labor are pushing the legislation.
Gold Dome watchers note that Carpenter has repeatedly presented his bill as applying only to illegal aliens who are beneficiaries of former President Barack Obama’s “DACA” program. Despite media reports, none of the previous versions of his bill actually contained any reference to DACA. The current version approved by the House panel does in fact limit the new lower tuition rate to DACA recipients. But it also says “nothing in this Code section shall be construed to require in-state tuition classification for individuals not lawfully present in Georgia.”
The U.S. Citizenship and Immigration Services and a federal appellate court have both made it clear that illegal aliens with DACA status are nevertheless illegal aliens and do not have legal status or “lawful presence.”
In March 2019 The United States Court of Appeals for the Eleventh Circuit ruled against a group of DACA recipients who claimed “lawful presence” for admission purposes in Georgia’s university system. As reported by the liberal Atlanta Journal – Constitution newspaper, that court said “as DACA recipients, they simply were given a reprieve from potential removal; that does not mean they are in any way ‘lawfully present under the (INA) act.”
It is not clear if this legal information has made its way to Georgia legislators or if Republican Gov. Brian Kemp would sign a bill into law that insures illegal aliens pay less tuition in Georgia’s post secondary education system than Americans and legal immigrants living in other states.
U.S. Department of Homeland Security estimates are that Georgia is home to more illegal aliens than Arizona.
The bill can be read on the General Assembly website. The House committee vote record can be seen in a post on ImmigrationPoliticsGA.com. Contact information for individual Georgia House Reps can be found on the legislature’s official website. Speaker Ralston’s office phone is 404-656-5020.
Having passed out of the Higher Education Committee HB 120 must be approved in the Rules committee and then be voted on by a majority of members in the full Republican-controlled House chamber before midnight, Monday, March 8, which is known as “Crossover Day.”
D.A. King is president of the Dustin Inman Society and proprietor of ImmigrationPoliticsGa.com. He is not a member of any political party.
Written And Submitted By: D.A. King
“The reality is that foreign nationals or “non-citizens” can easily obtain a Social Security number. It is a very “typical occurrence.”
A version of this investigative commentary was originally posted on ImmigrationPoliticsGA.com.
In his long testimony to a legislative committee chock full of senior House members, Georgia Secretary of State General Counsel Ryan Germany passed on a remarkable amount of inaccurate and incomplete “facts” last Friday. From where this writer was sitting, it appeared the assignment was to kill the measure at hand, HB 228.
The bill is aimed at voter ID integrity.
The hearing in the Special Committee on Election Integrity admittedly involved “in the weeds” details on immigration law. But it also dealt with Motor Voter registration, Georgia driving credentials, ID Cards given to U.S. citizens and foreign nationals and the security measures involved in the issuing process. In addition to Germany’s, the general lack of knowledge of many of the legislators was quite extraordinary.
Example? In a state where legislators endlessly seek to increase foreign labor, who can obtain a Social Security number seems to be a deep and mysterious unknown.
From a transcript of the hearing on voter security and “proper identification” at the polls:
Committee member and Speaker Pro-Tem Jan Jones to Ryan: “So I guess follow up if you’re not a citizen, you wouldn’t have social security number?”
From the witness podium: Sec of State General Counsel Germany: “Uh, I believe it’s possible to have a social if you’re not a citizen, but it’s,
but it’s not, it’s not, um, a typical occurrence by any means.”
That’s not accurate Mr. Germany.
The fact that Ryan Germany was put in a position to influence the outcome of pending legislation and apparently does not know his statement to the House Speaker Pro Tem is wildly wrong should be alarming to all concerned.
The reality is that foreign nationals or “non-citizens” can easily obtain a Social Security number. It is a very “typical occurrence.”
Virtually every legal immigrant (green card holder) in the U.S. – and we take in about a million every year – is given a Social Security number and they are under no obligation to ever become American citizens. As is mentioned further down, tens of thousands of illegal aliens are issued Social Security numbers.
In a response to another question from Speaker Pro Tem Jones, SoS General Counsel Germany told her “… non-legal residents cannot get driver’s licenses or IDs in Georgia.”
In his testimony, Germany repeated the above claim: “So, um, that means that when, when they’re checking their status at DDS, when you’re checking either citizen or, you know, legal resident, um, because it’s non-legal residents cannot get driver’s licenses or IDs in Georgia.”
That’s not accurate, Mr. Germany.
For brevity here, let’s consider the more than twenty thousand illegal aliens who are beneficiaries of Barack Obama’s ‘Deferred Action on Deportation for Childhood Arrivals’ (DACA recipients) who have Georgia drivers licenses and/or official ID Cards – and Social Security numbers.
This is due to the fact that the REAL ID Act contains a section (MINIMUM DOCUMENT REQUIREMENT AND ISSUANCE STANDARDS… (Sec. 202, (2) (B) ) which says illegal aliens with deferred action on deportation (and other categories of administrative status) have “legal status” for purposes of drivers licenses and ID cards only. That status does not transfer out of that narrow regulation.
For example, these illegal aliens with DACA have Georgia drivers licenses and ID Cards but are not allowed instate tuition rates at USG/TCSG schools. While he is stone silent on the entire issue as governor, in 2018 even then-candidate Brian Kemp recognized that “illegal immigrants” with DACA do not qualify for the Hope scholarship. Why? Because they are, using the words of Ryan Germany “non-legal residents.”
In a March, 2019 opinion the 11th circuit appellate court noted the obvious “As DACA recipients, they simply were given a reprieve from potential removal; that does not mean they are in any way ‘lawfully present under the (INA) act.”
Text of HB 228 as introduced here.
Bonus for General Counsel Ryan Germany and the Georgia legislature:
*Georgia’s Attorney General Chris Carr makes it clear that DACA recipients do not have legal status.
*From the Associated Press: “Some illegal immigrants can get Georgia driver’s licenses.”
It is very possible Mr. Germany lacks this knowledge. The committee considering HB 228 should not have similar gaps of information.
On the topic of REAL ID compliant credentials, Germany informed the committee considering DDS-issued credentials used as voter ID that “…since 2012, I believe (DDS) has only issued Real IDs for driver’s license or state ID.”
Not exactly, Mr. Germany.
As I type, I am looking at my own Georgia drivers license issued in January 2016. It is not REAL ID compliant. It has no gold star. What Germany omitted in his expert education to legislators in the HB228 hearing is the fact that if anyone obtains both an ID card and a DL DDS will only make one document REAL ID Act compliant – which is noted with the gold star in upper right corner.
It should be made clear – again – that the illegal aliens with Georgia-issued drivers licenses and ID Cards are given the same credentials as U.S. citizens with the exception of the words “LIMITED TERM” on top.
Here, we insert an April, 2019 news item from the liberal AJC: Georgia leads nation in motor voter registrations
“Amid heated battles over voting rights, Georgia has emerged as an unlikely national leader in automatic voter registration, according to a study this month by the Brennan Center for Justice. The study estimated that 94% more voters registered in Georgia than if the state hadn’t implemented automatic voter registration in September 2016.”
House Bill 228 is designed to make human and/or systemic error resulting in illegal voting much less possible. The bill closes a loophole in current law that does not prohibit foreign national’s drivers licenses and/or ID Cards from acceptance as “proper identification” at the Georgia’s polls and clearly marks these documents with “BEARER NOT A U.S. CITIZEN – NOT VALID VOTER ID.”
The committee hearing HB 228 seemed to reject the multiple liberal media stories presented documenting foreign nationals being registered to vote through the Motor Voter system. But it was clear they hung on every word from General Counsel Ryan Germany.
That is accurate, Mr. Germany
It is not apparent that one of Germany’s most important statements came in his answer to another question from Speaker Pro Tem Jan Jones when she asked “is it possible though for a non citizen, um, to accidentally be registered to vote, say at the county level, if they go to their county board registration to register that.”
“I wouldn’t say it’s impossible” was the reply.
That is accurate, Mr. Germany.
A parting note on DDS testimony at the same hearing
“A Georgia DL/ID is not proof of lawful status in the U.S. so it is important to note that an expired LIMITED-TERM card does not mean the person is in the country illegally.” – statement on the DDS website as of 2:25 PM March 2, 2021.
We are focused on testimony in committee from “experts” to legislators with apparent wide gaps in knowledge of immigration law and how secure credentials are issued in Georgia. It’s a good place for a quick note on the video testimony of Ms. Shevondah Leslie who is Georgia Department of Driver Services (DDS) | Director of Governmental Affairs and Communications.
Space here does not allow extensive coverage, but Leslie effectively told committee members multiple times that everyone who is issued a Georgia drivers license and/or ID Card is “lawfully present.”
To repeat information offered above, the federal government – the source of immigration laws that decide status – tell us something quite different. So does a former federal immigration judge. It is long past time that responsible lawmakers pay attention.
The U.S. Citizenship and Immigration Services (USCIS) puts it a different way:
“Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred” – here.
Again, more than twenty thousand DACA recipients alone have Georgia drivers licenses and/or ID Cards. There are other categories of illegal aliens with state ID credentials.
In response to inquiries from past state legislators, DDS has revealed that the SAVE system does not confirm “lawful presence” for DACA recipients – but rather temporary employment authorization. That phrase notes that Obama gave these illegal aliens a work permit and an SSN. It does not in any way contradict the laws from congress as noted in the 11th circuit appellate court decision.
The problem with SAVE.
In response to questions on the non-citizen drivers licenses a DDS spox once told a news outlet
“DDS has not changed the policy regarding driver’s license and/or identification card issuance to non-citizens. Those non-citizens in Deferred Action Status are eligible for GA licenses and IDs per the Federal Dream Act (assuming that they meet all other GA licensing criteria).
We hope that it does not come as news to readers here that the DREAM Act failed to pass in congress multiple times. There is no “federal DREAM Act.” You can read that one here.
A DDS liaison once assured a state legislator, in writing, “we don’t issue cards to illegal aliens.”
There is much more information available for lawmakers who want to make educated decisions on all matters immigration and “non-citizens”– and that issue is crucial to HB 228 which is focused on clarifying and ease of recognition the ID we give to foreigners in Georgia.
For Georgians curious as to why there is massive and powerful opposition to adding clarifying wording on credentials issued foreign nationals, it should be noted that a very important goal of the Georgia Chamber of Commerce is more, not fewer foreign workers in “the number one state for business.”
Any change in marking these documents is counter to the already announced goal from the business lobby at the leftist Georgia Budget and Policy Institute.– drivers licenses for all “immigrants” legal or not. Election integrity comes behind that ambition for far too many obedient people in power in Georgia.
Like in California.
Note: A link to the official video record and transcript of the February 26, 2021 hearing can be accessed on the ImmigrationPoliticsGA website.
Written And Submitted By D.A. King
Professional licenses are public benefits in Georgia. The Georgia Chamber of Commerce is well aware of that fact as they opposed the law that created it. I was there.
The people who run Georgia are tired of any delays involved in the process of verifying the lawful immigration status of applicants for public benefits.
Georgia law (OCGA 50-36-1) put in place in 2006 and improved several times after that says that applicants for public benefits must swear they are either U.S.citizens or eligible aliens on a notarized affidavit. They are supposed to show “Secure and Verifiable ID.” Then, that lawful presence status is supposed to be checked in a federal database called SAVE (SAVE is not doing their job correctly and we will expose that fact after the session). But the state law still stands.
Professional licenses are public benefits. Contrary to the mislabeling by numerous state and local departments that administer public benefits, this is not a “citizenship affidavit” – but a verification affidavit. One need not be a U.S. citizen to qualify for public benefits but must be a lawfully present alien.
The Georgia Chamber of Commerce is asking House members to vote yes on at least two bills, HB 34 and HB 268. While we have not had time to carefully study these bills, a quick appraisal tells us they are designed to provide “reciprocity” with other states on professional licenses – and to skip the verification process described above.
Do we want to rely on California or New York for immigration verification?
If an individual who has a license to be an occupational therapist in California or New York, for example, relocates to Georgia, the plan is to eliminate much of the licensing process here to put this person to work almost instantly – and to bypass the Georgia law for immigration verification. We would be relying on liberal California, the illegal alien Capital of the world for most of our licensing process.
These bills are apparently on the Rules calendar today – which means they will likely see a vote. I have notified several members with the below-emailed information and they tell me they will now vote “no” – and that author (s) are not aware of the existing law.
This issue is not new
We have been here before under the Gold Dome, just a few weeks ago with: “Libertarian pushed Gold Dome ‘reciprocity’ bill…”) would dismantle screening process for illegal aliens accessing professional licenses.”
This sort of thing is normal procedure in the state Capitol. You may want to forward this to your state Reps to let them know what you learned here.
The below was sent via email to several members and to Kim in Speaker David Ralston’s office this morning:
“After a very quick look: HB 34 has no language I can see that requires compliance with OCGA 50-36-1 (verification of lawful presence for public benefits). Professional licenses are public benefits. A yes vote is a vote to dismantle existing law on illegal immigration – in a state with more illegals than AZ. The senate will take careful note of that fact. I promise. A 30 second “isn’t it true” question should wake people up? I assume the same for CofCommerce HB268. Reciprocity write-up below.
Unless I have missed it in a big hurry here they all need: “Nothing contained in this Code section shall be construed to invalidate, override, or amend any licensing compact entered into by the State of Georgia or to permit the issuance of a license without verification under Code Section 50-36-1.”
Updated – Libertarian pushed Gold Dome ‘reciprocity’ bill (HB147) would dismantle screening process for illegal aliens accessing professional licenses *UPDATED WITH ADDITION OF IDENTICAL SENATE BILL (SB45) INFO
Military spouse not automatically a legal immigrant. Wash Post story:
Below are two letters put on House member’s desks on the floor today.
Written And Submitted By D.A. King
Americans and legal immigrants from most other states would pay higher tuition
It was amazing to see that none of the legislators seemed to note or care that neither “DACA” nor “DACA recipient” appear anywhere in the Carpenter’s tuition amnesty bill.
State Rep Kasey Carpenter (R- Dalton) presented the latest version of his legislation to grant instate tuition to illegal aliens in the House Higher Education Committee last Friday morning. He was on Zoom from in his car parked “on the side of the road” somewhere between the Gold Dome and Oklahoma. He was retrieving flour for one of his restaurants.
It got wackier from there.
Carpenter’s opener was to assure all concerned that his legislation rewarding illegal aliens with lower tuition rates than Americans or legal immigrants from most other states pay “is not a bill about immigration.” He went on to outline HB 120 with “all right, so what this bill does, is it, it, it basically allows DACA students that are in Georgia, they graduated from a Georgia high school, to attend certain colleges and universities in the, in the college system, at an in-state tuition rate.”
‘DACA’ is the acronym for the 2012 Deferred Action for Childhood Arrivals policy put in place by then candidate for reelection, President Barack Obama. The action being deferred is deportation proceedings.
It was more than a little amusing to watch Carpenter pepper his online sales pitch with the terms “DACA” and “DACA recipients” as well as in the resulting Q&A with gushing Democrat committee members who had only praise for the concept in their questions. It was equally entertaining to see the long line of witnesses – one who is currently a DACA recipient and one who was – stand up in support of the bill inserting the “DACA recipient” term into their testimony.
It was amazing to see that none of the legislators seemed to note or care that neither “DACA” nor “DACA recipient” appear anywhere in the Carpenter’s tuition amnesty bill.
The entire event would only have been slightly more comical if Rep Carpenter had taken the time to hawk his bill dressed in a wide striped suit with a wink and grin from a used car lot with balloons and a megaphone.
In the current version of his proposed law, Carpenter does have wording that permits illegal aliens to pay less tuition than Americans if they meet “the eligibility criteria set by the United States Department of Homeland Security for deferred action in enforcement of federal immigration laws.” Italics mine.
But, there doesn’t seem to be set eligibility criteria for deferred action on enforcement – it is a discretionary tradition in federal law enforcement and (like DACA) not a result of congressional action. Lines 34 & 35 in HB 120 would be laughed out of a well-informed committee. ‘Journalists’ should not be running stories that report HB 120 somehow applies to “DACA recipients.” It doesn’t.
Deferred action is not DACA. Sometimes it is difficult to decide if things that are just plain screwy are a result of ignorance or intent. Deferred action on immigration enforcement is outside of DACA. How far outside? John Lennon obtained deferred action on immigration enforcement in the 1970’s.
All co-signers are not visible online, but at last check with the House clerk’s office, Carpenter’s instate tuition bill has more Democrat cosponsors than Republicans.
As is, HB120 is a hustle that is fully dependent on the oversupply of immigration ignorance on the part of most of the legislators who govern a state with more “undocumented workers” than live in Arizona. This writer started working with state lawmakers on drafting and perfecting illegal immigration legislation in 2005. HB 120 would not have been allowed a hearing in a Republican – run committee ten years ago.
We were happy to post a very critical analysis of the debut of HB120 along with facts the media is suppressing and fully expected to see changes in the bill as a result.
None of the above is intended to indicate certainty that the bill won’t be passed out of the House Higher Education Committee and onto the floor.
I got a sense of the determination to advance the bill in an early morning discussion with the committee Chairman Chuck Martin (R- Alpharetta) in his office when my request for a copy of any committee substitute language was first dodged then tacitly refused.
Read HB 120 for yourself
The Committee Substitute version presented on Feb 19, 2021 in the Higher Education Committee is not online and will not be posted on the House website unless it is passed out. I have scanned in and posted the paper version (with my scribbled notes) I was given by a friend who was able to get a copy from the Chairman’s staffers.
We have posted a link to the official video of the entire Friday hearing and a transcript of Rep Carpenter’s presentation on the Dustin Inman Society website. Contact information for Rep Carpenter here.
Space does not allow a list of all the problems with HB 120. But it should be mentioned that ‘DACA recipients’ are nevertheless illegal aliens according to the United States Court of Appeals for the 11th Circuit. Even the liberal AJC reported that one.
D.A. King is president of the Dustin Inman Society