E-Verify affidavit taken from Carroll County, GA government Occupational Tax (Business License) online application page today OCGA 36-60-6
GA Attorney General office: E-Verify affidavit as required in OCGA 36-60-6 passed into law in 2011, HB 87 – Carroll County
OCGA 36-60-6
“(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.”
The Secure Fence Act of 2006 mandates that DHS prevent all illegal entries
Why Isn’t Anyone Talking About the Most Important Border Law?
The Secure Fence Act of 2006 isn’t just about fences — it mandates that DHS prevent all illegal entrie
Center for Immigration Studies
The Southwest border, which prior to January 2021 was in pretty good shape, is teetering on dissolution due largely to President Biden’s ham-handed rescission of nearly all of the policies his predecessor implemented to deter illegal migration there. States have sued (thus far, successfully) to block Biden from rescinding the most effective of those Trump policies, but for some reason neither they nor reviewing courts have paid attention to the most important border law — the Secure Fence Act of 2006.
Background on the Secure Fence Act. Its title notwithstanding, the Secure Fence Act is not just about building fences at the border, although that is what it is best remembered for.
Rather, the fences and other infrastructure that the bill authorized and mandated were intended to be just a part of a regime to secure the nation’s borders, and in particular the Southwest border. That’s not to say that the Northern border was given short shrift, but the bill simply authorized a study of the need for and feasibility of erecting infrastructure along the 49th parallel, it did not mandate construction there.
By contrast, the Secure Fence Act was rather exacting (and specific) when it came to “fencing and security improvements” between the Gulf and Mexico and the Pacific Ocean.
The bill identified five different areas at the Southwest border where Congress required DHS to construct at “least 2 layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors”, and specified two “priority areas” for expedited attention.
Again, however, that border infrastructure was just a means to an end — not an end in itself. Congress’s end, identified in Section 2 of the bill, was “achieving operational control on the border”.
The “Operational Control” Mandate. What is “operational control on the border”? Section 2(b) of the act defines it as “the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband”. (Emphasis added.)
Given the fact that Border Patrol agents at the Southwest border were so overwhelmed apprehending, processing, and caring for more than 1.659 million illegal migrants in FY 2021 (an all-time record) that more than a half-million others “got away” and entered the United States illegally, preventing the “unlawful entry” of any illegal migrant might seem like a purely aspirational pipe dream.
But it’s not. It is a congressional mandate that the secretary of Homeland Security is required to meet under Section 2(a) of the Secure Fence Act, which states as follows:
Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.
The Secure Fence Act of 2006 was enacted on October 26, 2006 (I described the entire legislative history of the bill in an August post), which meant that then-DHS Secretary Michael Chertoff had until April 26, 2007, to meet that “operational control” goal.
That said, the mandate did not end on April 26, 2007. It is ongoing and has bound Chertoff and his five permanent (and numerous acting) successors, up to and including current DHS Secretary Alejandro Mayorkas.
There is no “sunset provision” in the Secure Fence Act that would have repealed that mandate at a date certain, or after operational control was achieved once.
In fact, the Secure Fence Act requires the DHS secretary to submit a report “on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with” Section 2 therein annually. If Mayorkas has not simply blown off that requirement, that is one report I would love to see.
To be clear, Section 2 of the Secure Fence Act mandates that Mayorkas “take all actions” he has to in order to “achieve and maintain operational control over the entire international land and maritime borders of the United States”, that is, to prevent even a single alien from entering the United States illegally. More than 500,000 got-aways proves that he is failing to do so.
Of course, it is not just those 500,000 got-aways who have entered the United States illegally. Mandatory court filings in Texas v. Bidenreveal that the Biden administration has released hundreds of thousands of illegal migrants CBP has apprehended into the United States in recent months. Every one of those releases is also in violation of Section 2 of the Secure Fence Act of 2006.
Why The Secure Fence Act Matters. So, why does a 15-year-old (plus) bill matter in 2022?
To explain, it is important to note that the Secure Fence Act focuses exclusively on operational control of the border, not on DHS’s actions in any given case.
Biden’s DHS contends that it has the authority to simply release any illegal migrant that it apprehends at the Southwest border in the exercise of its “prosecutorial discretion”. That is, at best, a questionable proposition, given the fact that “prosecutorial discretion”generally refers to the power of the state to “prosecute” an offense, or not.
As ICE’s legal branch (somewhat self-servingly) explains the concept, “prosecutorial discretion” is “the longstanding authority of a law enforcement agency charged to decide where to focus its resources and whether or how to enforce the law against an individual”.
With respect to all those hundreds of thousands of aliens apprehended at the Southwest border, DHS does not really have the discretion not to prosecute them — they are by statute “applicants for admission”, and either DHS or the immigration courts have to decide whether they will be admitted.
But even if DHS had the discretion to decide how and when to make that admission determination, “prosecutorial discretion” does not extend to a decision to release them en masse as it is doing now. Congress has already made clear that they must be prosecuted to determine whether they should be admitted. At that point, I would argue, “prosecutorial discretion” ends.
Why would I argue that? Because Congress has also mandated that illegal migrants be detained while that admission determination is being made, negating any claim that “prosecutorial discretion” allows DHS to release aliens seeking admission, except for one at a time on “parole”. But even that authority is tightly cabined statutory discretion, not “prosecutorial discretion” per se.
Assuming, however, for the sake of argument, that DHS has the discretion to prosecute illegal migrants (or not) and to release them (or not), remember how ICE’s lawyers described “prosecutorial discretion” above — the authority to decide “how to enforce the law against an individual”?
The “operational control” mandate in the Secure Fence Act of 2006 is not amenable to any such “prosecutorial discretion”,… read there rest here.
GA Gov Brian Kemp on the Martha Zoller Show, April 5, 2022
Follow up to a post focused on an earlier statement by Martha
GA Gov Brian Kemp: (00:00)
You know, two legislative sessions that we’ve been through, the last two before this one. We’re in the middle of a global pandemic and there was a lot of disruptions. We weren’t able to get a lot of our normal work done, uh, but that’s just the way it is. But still, last night, we fulfilled a campaign promise with constitutional carry. You know, we’ve passed legislation to kid our, keep our kids from being doctrinated in the classroom, got rid of ridiculous mask mandates. We’re bringing fairness to girls’ sports, which is a commonsense issue. It’s not targeted at anybody. It’s just bringing fairness and protecting, uh, female athletes when they’re competing, uh, which is the right thing to do.
GA Gov Brian Kemp: (00:37)
Uh, we’re also going after street gangs and street racers to keep our families safe. People are tired of violent crime. And the radicals on the left, you know, they want to defund the police. We passed legislation that prohibits local governments from defunding the police here in our state. We’re not gonna be the next Portland or, you know, Washington state or anything else when it comes to that. We’re gonna stand with our troops and our men and women in law enforcement. That is a prime duty of state government, is- is the safety of its citizens.
GA Gov Brian Kemp: (01:06)
And so I’ve just been trying to stay focused on what I can control and doing what I told people I would do. And that’s what we did last night and that’s what we’ve done over the last three years. And, you know, people that are trying to tear us down, uh, in a lot of instances, they don’t have their own record to talk about, so the only thing they could do is try to criticize mine. Uh, but they’re gonna lose that debate, ’cause- ’cause we’ve been very successful. We’ve got a great team in the general assembly that stayed focused on putting Georgians first and not worried about all that noise.
Martha Zoller: (01:36)
One final question. I think one of the biggest issues that’s changed the most over the last four years is- is immigration and what we’re having to deal with that, because when you ran in 2018, and of course I was on that campaign with you, and- and we, you know, there were certain issues. And then we had the pandemic come in, we had this unprecedented crossing borders that’s been happening, you know, now for almost, you know, a year and a half. Um, and I think it’s changed the- the face, if you will, of the problems we’re dealing with immigration-wise in Georgia. How do you think that’s gonna change going forward and how does policy need to adjust to that?
GA Gov Brian Kemp: (02:15)
Well, this is why the midterm elections are so important, and that we take back the United States House and the United States Senate to have some sanity up there in Washington, to reverse the disastrous policies that, uh, Biden has- has implemented at the border. Just the, I mean look, we’ve had, you know, uh, 100 or more, hundreds at times, National Guard troops in Georgia that are helping the border patrol. They’re doing that as we speak.
GA Gov Brian Kemp: (02:41)
You know, I was the first person, I believe in the country, to write a letter to the president this week, um, really saying, “Look, if you’re gonna change Title 42 and not send people back when they’re trying to come across the border and let them in the country, uh, really unabated in many instances, you gotta change the policies that you have down there to- to help protect our country and protect our homeland.” Uh, we’re suing them right now. Attorney General Chris Carr is suing the administration over the Title 42 policy, but that’s something that really is a, is a federal issue. We’re trying to push back as much as we can at the state level. We’ve offered National Guard troops to help with the problem. They’re doing an incredible job. Serving in McAllen, Texas right now as we speak. I’ve been there four different times.
GA Gov Brian Kemp: (03:25)
You know, the cartel’s using children as passports, and you’ve got fentanyl and other things that are coming across our borders because of the disastrous policies, again, in Washington, DC. They’ve led to 40 year high inflation. They’re leading to disaster at the border, where you had immigration problems turn into a mass migration crisis. And this is where people got to stand up on our side, come together, get out and vote, and send people that- that not just been talking about doing something, but who have been doing something, and let’s retake control of- of, uh, the legislative branch in Washington, DC, to set us up to do the same for the presidential race in 2024.
GA Gov Brian Kemp: (04:05)
But you know, the number one issue is we gotta get people to u- unite and get out the vote in 2022 and send a message that, look, the overreaching Democrats in Washington have been a disaster for our country, and in many ways around the world, and it’s time to push back against that. And we’re doing our part to be in that fight.
Martha Zoller: (04:23)
Governor Brian Kemp, thank you so much for being with us today.
GA Gov Brian Kemp: (04:27)
Have a great day. God bless.
Relevent segment audio
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