Immigration Laws

Immigrants in Georgia should be aware of several key aspects of the state’s immigration laws and policies. Here’s a summary:

1. State-Specific Regulations

• Law Enforcement and Immigration: Georgia has some strict immigration enforcement laws. Under the Illegal Immigration Reform and Enforcement Act of 2011 (HB 87), state and local law enforcement have the authority to check the immigration status of individuals during routine stops if there is reasonable suspicion that the person is undocumented.
• E-Verify Requirement: Businesses in Georgia with more than ten employees are required to use the federal E-Verify system to check the work authorization of new hires.

2. Driver’s Licenses

• Eligibility: Only individuals who are lawfully present in the U.S. can obtain a driver’s license in Georgia. This includes legal permanent residents, refugees, asylees, and individuals with specific visas.
• Document Requirements: Applicants must provide documents proving their identity, Social Security number, and Georgia residency. Non-citizens must also provide proof of their lawful status in the U.S.

3. Access to Public Benefits

• Limited Access: Undocumented immigrants are generally ineligible for most public benefits in Georgia, including welfare, food stamps, and public housing. However, they may still be eligible for emergency medical care and public education (K-12).

4. Education

• K-12 Education: Undocumented children have the right to attend public schools from kindergarten through 12th grade, as guaranteed by the Supreme Court decision in Plyler v. Doe.
• Higher Education: Georgia has restrictive policies for undocumented students. They are barred from attending the state’s top five public universities, and those allowed to attend other public institutions must pay out-of-state tuition, regardless of their residency in Georgia.

5. Deferred Action for Childhood Arrivals (DACA)

• State Benefits: DACA recipients in Georgia can obtain a driver’s license and are eligible for in-state tuition at some technical colleges, though not at all public universities.
• Legal Status: DACA provides temporary protection from deportation and work authorization, but it does not grant legal status. It’s crucial to keep DACA status current, as lapses can lead to loss of benefits and increased risk of deportation.

6. Immigration Legal Help

• Access to Lawyers: Immigrants, including those without legal status, are entitled to legal representation, though not at the government’s expense. Seeking assistance from a qualified immigration attorney is crucial, especially when dealing with complex cases involving deportation, asylum, or family petitions.

7. State Identification Cards

• ID Cards: Like driver’s licenses, state identification cards are only issued to individuals who can prove lawful presence in the U.S.

8. Employment Protections

• Workplace Rights: All workers in Georgia, regardless of immigration status, have certain rights, including the right to be paid for work performed and the right to a safe workplace. However, undocumented workers may face challenges in enforcing these rights due to their legal status.

9. Changes in Federal Immigration Law

• Impact of Federal Policies: Changes in federal immigration law and enforcement priorities can significantly impact immigrants in Georgia. It’s important for immigrants to stay informed about any updates and to consult with an attorney to understand how these changes might affect their situation.

Navigating Georgia’s immigration laws can be complex, and it’s important for immigrants to seek legal advice to ensure they understand their rights and responsibilities.