Presented by: Glenn O’Steen
Procurement Manager
Columbia County Board of Commissioners
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E-Verify
◦ County and City Usage
◦ Contracts
◦ Private Employers
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SAVE
Enforcement
Title VI
Question and Answer Session
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It is a Web-based system that electronically verifies
the employment eligibility of newly hired
employees.
E-Verify is a partnership between the Department
of Homeland Security (DHS) and the Social Security
Administration (SSA). U.S. Citizenship and
Immigration Services (USCIS) oversees the program.
It works by allowing participating employers to
electronically compare employee information taken
from the Form I-9 (the paper-based employee
eligibility verification form used for all new hires)
against records in SSA's database and the records
in the DHS immigration databases.
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E-Verify is used to verify the employment
eligibility of U.S. and non-U.S. Citizens
SAVE is used to verify the legal status of nonU.S. citizens to determine eligibility for public
benefits
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Register and Participate in the Federal EVerify Program
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Require All New Employees to Complete an I9 Form
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Maintain a Current E-Verify Account
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Post E-Verify Number and Authorization Date
on Website
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All new employees
◦ Cannot be used for screening potential
employees
◦ Cannot be used for existing employees
Current Form I-9 Employment Eligibility Verification
can be found at:
http://www.uscis.gov/files/form/i-9.pdf
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Initial verification will return one of three results within seconds:
◦ Employment Authorized
 The employee is authorized to work
◦ SSA Tentative Non-Confirmation
 There is an information mismatch with SSA
◦ DHS Verification in Process
 DHS will usually respond within 24 hours with either an
Employment Authorized or DHS Tentative Non-Confirmation
E-VERIFY PROGRAM
August 6, 2008
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If Employment Authorized, the employer records the systemgenerated verification number on the Form I-9 or can print out the EVerify Confirmation Sheet and attach to the Form I-9.
If Tentative Nonconfirmation, the employee can contest the
finding and then:
◦ Social Security Number mismatches are resolved with SSA
◦ Non-citizen status mismatches are resolved with DHS
If the employee chooses not to contest, it is considered a Final
Nonconfirmation and the employer may terminate the employee
and resolve the case.
E-VERIFY PROGRAM
August 6, 2008
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Inform the employee and print and review the TNC notice with
the employee.
The employee chooses to “contest” or “not contest” the TNC.
Refer the employee to the appropriate agency if the TNC is
contested.
The employee has 8 Federal Government workdays from the
date of referral to visit or call the appropriate agency to resolve the
discrepancy.
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Employee continues to work while the case is being resolved.
Once the employee resolves the discrepancy in his or her records,
they should inform the employer.
With both a SSA TNC and a DHS TNC, a response is electronically
sent to the employer through the system. The employer should check
E-Verify periodically for the response.
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The employer will receive one of three results:
◦ Employment Authorized
◦ Final Nonconfirmation
◦ Review and Update Employee Data then Resubmit
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The employer then resolves the case in E-Verify.
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Must maintain photocopy of Employment Authorization
Document (EAD), Permanent Resident Card (“green card”) or
U.S. Passport or Passport Card if presented by employee on
Form I-9
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Must maintain E-Verify Confirmation Sheet with employee’s
Form I-9
http://www.uscis.gov
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Contact DHS at E-Verify@dhs.gov or at
888-464-4218
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Register for and use E-Verify
Require all new employees to complete an I-9
Form
Maintain a current E-Verify account
Verify all new hires within 3 business days of
hire
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Applies to All Public Employers
Applies to all Contractors, Subcontractors or
Sub-Subcontractors with Employees who
Contract with Public Employers
Relates to Contracts for the Physical
Performance of Services
"Physical performance of services" means the
building, altering, repairing, improving, or
demolishing of any public structure or
building or other public improvements of any
kind to public real property within this state,
including the construction, reconstruction, or
maintenance of all or part of a public road; or
any other performance of labor for a public
employer within this state under a contract or
other bidding process.
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Attorney General’s Advice to State Agencies
Applies to public works contracts and
contracts for the maintenance, operation and
repair of buildings or structures
When in doubt, ask for an affidavit
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Must state that Contractor is registered for
and using E-Verify
Must contain User ID Number and Date of
Authorization
Must guarantee that Contractor will use EVerify throughout the duration of the contract
period
Must guarantee that Contractor will only
contract with Subcontractors who present EVerify Affidavit
Must be signed and notarized
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Counties and cities are responsible for the
Contractor Affidavit
Contractors are responsible for the
Subcontractor Affidavits
Subcontractors are responsible for the SubSubcontractor Affidavits
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Department of Audits and Accounts Website
http://www.audits.ga.gov/NALGAD/section_3_
affidavits.html
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No Affidavit Required
Must provide a copy of the state issued
drivers license or ID (only from states that
verify immigration status and are approved
by the AG’s Office)
If employees are hired at a later time, must
comply with E-Verify Affidavit requirements
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Every public employer must submit an EVerify Contractor Report annually to the
Department of Audits by December 31st
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Public Employer’s E-Verify Number
Public Employer’s Date of Authorization to
use E-Verify
Legal name, address, and E-Verify Number of
Contractor
Date of the contract between Public Employer
and Contractor
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Contracts for the physical performance of
services, which must include:
◦ Public Works Contracts
◦ Contracts for the maintenance, repair and operation
of buildings and structures
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Discuss further broadening of scope of
reported contracts with your county or city
attorney
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O.C.G.A. §13-10-91(7)(A) states, in part, “Not
later than December 31 of each year, a public
employer shall submit a compliance report to the
state auditor certifying compliance with the
provisions of this subsection. Such compliance
report shall contain the public employer’s federal
work authorization program verification user
number and date of authorization and the legal
name, address, and federal work authorization
program user number of the contractor and the
date of the contract between the contractor and
public employer.”
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The Georgia Department of Audits and
Accounts is working to develop a 2012
template for use by state agencies and
political subdivisions that complies with the
requirements of this provision and that may
be submitted either electronically or by
mail. This webpage will be updated once the
approved template and transmission
methodology are finalized.
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Once you have accessed this page, click on
“Compliance Report Template and
Instructions” located under the Section 3
information.
After clicking on that tab, you will land on the
instructions page.
The report form is located on a separate tab
located to the left of the instructions tab
labeled “Report Form.”
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Review the general instructions located under
the “Report Form Instructions” tab and send
the email request to the Department of
Audits for instructions on how to submit the
report electronically.
To request the electronic instructions, send
an email to HB_87@audits.ga.gov with the
subject line “Request HB 87 Instructions.”
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Contact the Department of Audits at 404656-9145 or at HB_87@audits.ga.gov.
If any violations found, given
30 Day Period to correct
deficiencies
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Failure to correct =
Exclusion from List of
Qualified Local Governments
Penalty in place until all deficiencies corrected
Public Employer Penalties:
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Appeal Rights to Office of
State Administrative Hearings
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Penalties and time to correct tolled
until
Final Ruling
Public Employer Penalties:
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Actions by County Constitutional Officer
cannot form basis of any violation
Penalty for any person who knowingly makes a false statement
on an Affidavit:
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Guilty of obstruction of public administration
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Can be fined up to $1,000.00, imprisoned for at least one year
but not more than five years, or both
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Any Contractor or Subcontractor convicted for false
statements will also be prohibited from bidding on or entering
into any public contract for 12 months following such
conviction
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Such persons or entities will also be listed on
www.open.georgia.gov
No person can be held civilly or criminally liable for unknowingly
accepting a bid from or contracting with a contractor,
subcontractor, or sub-subcontractor who is violation the law
Presumption that Public Employer, Contractor or Subcontractor
relies on Affidavit in Good Faith
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The Department of Audits is required to
conduct compliance audits on at least half of
reporting agencies and publish the results
annually by September 30th
The Department of Labor is required to
conduct 100 random audits of public
employers
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Require all contractors hired for the physical
performance of services to sign and submit an EVerify Contractor Affidavit
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Maintain all E-Verify affidavits for 5 years
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Submit annual compliance report to the
Department of Audits by December 31st
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Only hire individuals/businesses with no
employees for contracts for the physical
performance of services if they are from a
verification compliant state as authorized by the
AG’s office
E-Verify Requirements for
Private Employers
House Bill 87 phases in new E-Verify Mandate for Private
Employers in Georgia:
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January 1, 2012 for employers with more than 500
employees;
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July 1, 2012 for employers with 100 or more
employees;
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July 1, 2013 for employers with more than 10
employees.
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Before issuing or renewing a business license,
occupation tax certificate, or other
documents required to operate a business,
the city or county must require the private
employer to:
◦ Submit an affidavit that they are registered and
using E-Verify
OR
◦ Demonstrate they are not covered by the law
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The AG’s Office Website
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http://law.ga.gov/immigration-reports
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Submit report to DCA annually by December
31st beginning on December 31, 2012
Must identify each license and certificate
issued during the previous 12 months.
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Once private employer has submitted the
affidavit with their E-Verify number, they can
ONLY renew with the same number
Exception: They can renew with another EVerify number if they provide a sworn
document explaining the reason for a new or
different E-Verify Number
Penalties for failing to comply with E-Verify
Mandate:
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Employer or government official can be found
guilty of Misdemeanor for providing false
information
Penalties for submitting false or misleading
Affidavit:
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Guilty of obstruction of public administration
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Can be fined up to $1,000.00, imprisoned for
at least one year but not more than five years,
or both
Potential Defenses:
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Acted in Good Faith
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Made reasonable attempt to comply
Authority of Georgia’s AG Office:
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Can investigate requirements and bring
criminal and civil actions
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Must provide employer 30 days to comply
with mandate for good faith violations
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The Department of Audits is required to
conduct compliance audits for 20% of
reporting agencies
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Require all private employers (as they are
phased in) seeking an occupation tax
certificate/business license or other required
document to sign and submit the E-Verify
Private Employer Affidavit or provide proof of
exemption
Submit annual report citing all licenses and
certificates issued for the preceding 12
months to the Department of Audits starting
on December 31, 2012
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Use E-Verify for every new hire
Check in to E-Verify every two months to renew password and keep account
current
Properly maintain records used in relation to the E-Verify program
Require all contractors doing business with your local government for the
physical performance of services to sign and submit the E-Verify Contractor
Affidavit
Require all private employers seeking an occupation tax certificate/business
license/other required document to sign and submit the E-Verify Private
Employer Affidavit or Exemption Affidavit
Publish Employer ID# and Date of Authorization on your government website
or the CVIOG website
Submit both required E-Verify reports by Dec. 31st on an annual basis to the
Department of Audits
SAVE
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The Systematic Alien Verification for
Entitlements (SAVE) program is operated by
the Department of Homeland Security division
of the United States Citizenship and
Immigration Services (USCIS)
Used to determine the legal status of
individuals seeking federal, state or local
public benefits through benefit granting
agencies
1. Step One: Online registration
https://save.uscis.gov/Registration/Reglogin.aspx?JS
=YES
2. Step Two: Submit the ACCG Check List
http://www.accg.org/library/SAVE_Checklist.p
df
3. Step Three: Sign and Submit the MOA Packet
Registration User Information
O.C.G.A.§ 50-36-1
25
https://save.uscis.gov/we
b
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The affidavit should be used when anyone
meeting the definition of “applicant” applies
for a public benefit with your government
If the person requesting the benefit is not a
U.S. Citizen, their alien ID number submitted
with the affidavit must be verified through
the SAVE system
An “applicant” is any natural person, 18 years
or
older, who has made application for access to
public benefits on behalf of an individual,
business, corporation, partnership or other
private entity.
O.C.G.A. § 50-36-1(a)(3)
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Immigrants
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Non-immigrants
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It CANNOT be used to verify U.S. Citizens
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Federal Public Benefit Definition
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State and Local Public Benefit Definition
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Statutory List of Benefits
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Public Benefits that Apply to Local Governments
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AG’s List of Public Benefits
8 U.S.C. Section 1611 (c) (1) defines ‘federal public benefit’ as:
“any grant, contract, loan, professional license, or commercial
license provided by an agency of the United States or by
appropriated funds of the United States; and
any retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household,
or family eligibility unit by an agency of the United States or by
appropriated funds of the United States. “
8 U.S.C. Section 1621 (c) (1) defines ‘state and local public
benefit’ as:
“any grant, contract, loan, professional license, or commercial
license provided by an agency of a State or local government
or by appropriated funds of a State or local government; and
any retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual,
household,
or family eligibility unit by an agency of a State or local
government or by appropriated funds of a State or local
government.”
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Adult Education
Cash Allowance
Disability Insurance
Down Payment Assistance
Energy Assistance
Food Stamps
Gaming License
Health Benefits
Housing Assistance
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Medicaid
Occupational License
Professional License
Rent Assistance
State Grant or Loan
State ID Card
TANF
Unemployment
Insurance
Welfare to Work
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Business
certificate, license
or registration
Business loan
Loan guarantee
Registration of a
regulated business
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Tax certificate
required to conduct
a commercial
business
Authorization to
conduct a
commercial
enterprise or
business
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Commercial Licenses/Occupational Taxes
◦ Alcoholic Beverage License
◦ Occupation Tax Certificates
◦ Taxicab Licenses
◦ Insurance Company Licenses (Cities only)
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Employee Benefits
◦ Retirement
◦ Health
◦ Disability
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Contracts
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Miscellaneous Licenses:
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Auctioneers
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Transient businesses
Pawn brokers
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Massage therapists
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Billiard rooms operations
Fortune telling and palmistry
Precious metals
and gem dealers
Flea markets
Peddlers and
itinerant peddlers
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Submit annual report to Department of
Community Affairs by January 1st each year
Identify all benefits administered by the
county or city
Identify all benefits for which SAVE
authorization for verification has not been
achieved
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Register for the SAVE program
Annually renew SAVE registration
Document all correspondence with DHS
Check with your county or city attorney in the
event the SAVE system is unable to verify an alien
ID number
Use the sample affidavit form for all departments
that provide public benefits
Review the annual list of benefits prepared by the
AG’s Office with your county or city attorney to
determine if they apply to your government
Submit annual public benefits report to DCA by
January 1st
Use secure and verifiable documents
E-Verify
◦ No charge to use
◦ Use for all new hires
◦ All private employers
seeking occupation tax
certificates must provide
affidavits
◦ All contractors,
subcontractors, and subsubcontractors doing
business with the
government must provide
affidavits
◦ Post E-Verify ID # &
authorization date on govt
or CVIOG website
◦ Submit both annual reports
by December 31st to the
Department of Audits
◦ Only accept drivers’ license
& ID’s listed by AG’s office
◦ Penalties for
Noncompliance
SAVE
◦ 50¢ per inquiry/$25 month
◦ Use for public benefit
eligibility
◦ Only use for non-U.S.
citizens
◦ Require all applicants to
sign affidavit
◦ Submit annual public
benefits report to DCA by
January 1st
◦ Only accept secure and
verifiable documents as
provided by the AG’s office
◦ Penalties for
noncompliance
Enforcement
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Seven members
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Attached to Department of Audits
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All matters determined by majority vote
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Review and investigate complaints
Take remedial action (hold hearings and
compile evidence)
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Subpoena relevant documents and witnesses
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Only applies to State and local governments
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Complaints May be Filed by Legal Residents
that are Legally Registered to Vote
Method to File Posted on the Department of
Audits’ Web site
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Must meet once every three months
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Required to send notice
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Must issue written report of findings
◦ Evaluations
◦ Judgments
◦ Recommendations
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Initial reviews by panel of one or more
members
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Must issue initial decision within 60 days
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If adverse, have 30 days to comply
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If not, sanction recommended
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Only apply if knowingly and willfully violated law
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Apply to individuals
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May be appealed to full Board
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Must appeal within 30 days of sanction
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Full Board may affirm, overturn or modify initial
decisions and sanctions
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Attorney General brings civil action to enforce
compliance
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Fines of up to $10,000 for intentional and
knowing failure by agency heads to comply
Sanctions of $1000-$5000 for knowing and
willing failure to comply
Removal from office
High and aggravated misdemeanor charges
Fines of $1000 and up to 12 months in jail
for knowingly accepting fraudulent
documents
Loss of qualified government status
Loss of state appropriated funds
Secure and
Verifiable
Documents
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AG’s Office is required to publish an annual
list of acceptable documents by August 1st of
each year
Requirement to use these documents takes
effect January 1, 2012
Applies to any purpose that requires the
presentation of identification by a
government
Must be used with SAVE affidavit
Examples of
Acceptable Secure
and Verifiable
Documents
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Passports are issued to citizens and
non-citizens owing allegiance to the
United States.
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Military ID cards come in many different
forms. The smart card issued to active duty
and reserve members is to the right. Tan
cards are issued to dependents of members,
red to retired reservists, blue to retirees, and
green to reservists.
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The list of Secure and Verifiable Documents issued
by the Office of the Attorney General of Georgia
includes driver’s licenses and identification cards
from all states in the United States, the District of
Columbia, Puerto Rico, Guam, the Northern
Marianas Islands, the U.S. Virgin Islands, American
Samoa, or the Swain Islands as long as the card has
a photograph and identifying information.
Because of the sheer number of cards which would
fall under this part of the list, cities and counties
would be wise to evaluate each individual card or
driver’s license as they are presented to the city or
county.
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Cards must be from a federally recognized Native
American tribe and contain a photograph and identifying
information.
There is a very large number of Native American tribes
and many have their own identification card. For a full list
of federally recognized tribes, please check:
http://www.bia.gov/whoweare/bia/ois/tribalgovernment
services/tribaldirectory/index.htm .
Below is a sample ID card from the Cherokee Nation.
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The United States Permanent Resident Card
(Form I-551) was formerly known as the
Alien Registration Receipt Card (I-151).
The card is also commonly known as a
“green card” due to many versions having a
green hue.
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This document is commonly known as a
“work permit” and allows a recipient to legally
work in the United States.
The document must contain a photograph.
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There are nearly 200 countries in the
world, many of which issue passports.
Passports from foreign countries must
be assessed on an individual basis.
Below and above are sample from covers from a
few select countries.
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A Merchant Mariner Credential will
replace
the Merchant
Mariner Document as they
are phased out and looks like a
passport. A
sample is to
the right.
A Merchant Mariner Document is also
known as a Z-Card and is about the
size of
a driver’s license.
It is being phased out of
use. A sample is below.
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The Free and Secure Trade program enacted
to expedite trade between the United States
and Canada and the United States and
Mexico.
FAST driver cards are travel documents for
expedited entry into the United States to
approved drivers making qualified trips.
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The NEXUS program allows pre-screened
travelers expedited processing by Canadian
or United States officials for air, land and sea
travel.
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The Secure Electronic Network for Travelers
Rapid Inspection (SENTRI) Program allows
pre-screened travelers expedited processing
by United States or Mexican officials for land,
air or sea travel.
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Canada has thirteen total provinces
and territories. Therefore, when
shown a Canadian driver’s license
local government employees should
research the license themselves.
A few sample Canadian driver’s
licenses are provided here.
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The Certificate of Citizenship (Form N-560
or Form N-561) is a document issued by
the United States government as proof of
citizenship.
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A Certificate of United States Naturalization (Form
N-550 or Form N-570) is a document issued by the
United States government which proves a person
has obtained citizenship through naturalization.
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The Office of the Attorney General of Georgia
created a catch-all in the list of Secure and
Verifiable documents requiring acceptance of
documents for proof of or documentation of
identity if so required by federal law.
Such documents are deemed “secure and
verifiable documents” by the Attorney General
of Georgia.
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Matricula Consular de Alta Seguridad
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Matricula Consular Card
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Consular Matriculation Card
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Consular Identification Card
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Title VI prohibits discrimination on the basis
of race, color, or national origin in programs
and activities receiving Federal financial
assistance.
Specifically, Title VI provides that no person
in the United States shall, on the ground of
race, color, or national origin, be excluded
from participation in, be denied the benefits
of, or be subjected to discrimination under
any program or activity receiving Federal
financial assistance
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Title VI states that no program or activity receiving
"Federal financial assistance" shall discriminate
against individuals based on their race, color, or
national origin. The clearest example of Federal
financial assistance is the award or grant of
money. Federal financial assistance, however,
also may be in nonmonetary form.
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Grants and loans of Federal funds,
The grant or donation of Federal property and
interests in property,
The sale and lease of, and the permission to use
(on other than a casual or transient basis),
Federal property or any interest in such property
without consideration or at a nominal
consideration, or at a consideration which is
reduced for the purpose of assisting the
recipient, or in recognition of the public interest
to be served by such sale or lease to the
recipient, and
(5) Any Federal agreement, arrangement, or other
contract which has as one of its purposes the
provision of assistance.
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Federal financial assistance may be received directly
or indirectly.
The clearest means of identifying a “direct recipient" of
Federal financial assistance is to determine whether
the entity has voluntarily entered into a relationship
with the Federal government and receives Federal
assistance under a condition or assurance of
compliance with Title VI
Indirect Assistance for example, colleges indirectly
receive Federal financial assistance when they accept
students who pay, in part, with Federal financial aid
directly distributed to the students.
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A recipient may not absolve itself of its Title VI
obligations by hiring a contractor or agent to perform
or deliver assistance to beneficiaries. Agency
regulations consistently state that prohibitions against
discriminatory conduct, whether intentional or through
race neutral means with a disparate impact, apply to a
recipient, whether committed "directly or through
contractual or other arrangements."
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An intent claim alleges that similarly situated persons
are treated differently because of their race, color, or
national origin. To prove intentional discrimination,
one must show that "a challenged action was motivated
by an intent to discriminate.
Requires a showing that the decision maker was not
only aware of the complainant's race, color, or national
origin, but that the recipient acted, at least in part,
because of the complainant's race, color, or national
origin.
No Hablo Ingles
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The Supreme Court concluded that the failure
to provide information and services in
languages other than English could result in
discrimination on the basis of national origin
where the failure to do so resulted in a
significant number of limited English
proficiency (LEP) beneficiaries from the same
language minority being unable to fully
realize the intended benefits of a federally
assisted program or activity.
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In 1983, the Department of Justice and the Equal
Employment Opportunity Commission (EEOC)
published "Procedures for Complaints of
Employment Discrimination Filed Against
Recipients of Federal financial assistance.
In summary, the procedures provide that a
Federal agency receiving a complaint of
employment discrimination against a recipient that
is covered by both Title VI (and/or other grantrelated prohibitions against discrimination) and
Title VII should refer the complaint to the EEOC
for investigation and conciliation.
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Department of Audits
http://www.audits.ga.gov/NALGAD/IllegalImmigr
ationReformandEnforcementAct.html
Department of Community Affairs
http://www.dca.ga.gov/PBRegistration/LocalPBRe
g/Index.aspx
Department of Law
http://law.ga.gov/00/channel_title/0,2094,8767
0814_167693491,00.html
Department of Justice
http://www.justice.gov/crt/
Questions?