Immigration Compliance and Reporting Requirements

1. Immigration Compliance and Reporting Requirements For Local Governments 2019 State Auditor’s Training Program

2. Before we get started.. Let’s see what you know….

4. Agenda • Compliance Statistics • Analytics • Title 13 Requirements • Title 36 Requirements • Title 50 Requirements • Sanctuary City Policy • Reporting System • Resources • Q&A

5. Thank you for your efforts to comply with reporting requirements! Submission of Reports

6. We did some additional analytics And this is what we found…

7. Percentage of Municipalities and Counties Reporting Activity Under Title 13 Requirements Total of 524 Municipalities and 152 Counties Reporting

8. Percentage of Municipalities and Counties Reporting Activity Under Title 36 Requirements Total of 522 Municipalities and 152 Counties Reporting

9. Percentage of Municipalities and Counties Reporting Activity Under Title 50 Requirements Total of 512 Municipalities and 152 Counties Reporting

10. What is the takeaway?

11. Title 13 Compliance Requirements

12. O.C.G.A.§13-10-91 • Two Legal Requirements • Every public employer must register and participate in the federal work authorization program to verify employment of all newly hired employees. • A public employer shall not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program.

13. Verification of New Hires

14. Contractor Verification • A public employer cannot enter into a contract for the physical performance of services unless the contractor registers and participates in the Federal Work Authorization Program. Commonly Known as E-Verify

15. Physical Performance of Services • Defined as…the performance of labor and services using a bidding process or by contract wherein the labor or services exceed $2,499.99. • Includes routine operation, repair, and maintenance of existing structures; • Includes services needed for normal operations. Per the Attorney General…. A Purchase Order is a Contract.

16. Exceptions

17. Documenting Contractor Compliance • Obtain a notarized affidavit that states… • The contractor uses the federal work authorization program • The contractor will continue to use program for duration of contract • E-Verify number and date of authorization • Affidavit required even if contractor only has one employee Locate Affidavit at: http://www.audits.ga.gov/NALGAD/section_3_affidavits.html

18. Example of Affidavit

19. Affidavits

20. Contractors with No Employees

21. Statewide Contracts

22. Title 13 Reporting Requirements

23. Example of File Layout Contract Number and Amount are not Required.

24. Tips to Facilitate Title 13 Reporting… • Plan Ahead • Know what account codes may involve services to be reported • Have a process for identifying vendors at the front-end • Have a process in place for gathering/storing affidavits • Review completed affidavits to ensure they are complete and E-Verify Number meets criteria • Keep a spreadsheet throughout the year to include information that needs to be reported.

25. Title 36 Compliance Requirements

26. O.C.G.A. §36-60-6

27. Private Employer Affidavit Pursuant To O.C.G.A. § 36-60-6(d) By executing this affidavit under oath, the undersigned private employer verifies one of the following with respect to its application for a business license, occupational tax certificate, or other document required to operate a business as referenced in O.C.G.A. § 36-60-6(d): Section 1. Please check only one: (A) ________ On January 1st of the below-signed year, the individual, firm, or corporation employed more than ten (10) employees1. *** If you select Section 1(A), please fill out Section 2 and then execute below. (B) ________ On January 1st of the below-signed year, the individual, firm, or corporation employed ten (10) or fewer employees. *** If you select Section 1(B), please skip Section 2 and execute below. Section 2. The employer has registered with and utilizes the federal work authorization program in accordance with the applicable provisions and deadlines established in O.C.G.A. § 36-60-6. The undersigned private employer also attests that its federal work authorization user identification number and date of authorization are as follows: __________________________________ Name of Private Employer __________________________________ Federal Work Authorization User Identification Number __________________________________ Date of Authorization --------------------------------------------------------------------------------------------------------------------- I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). __________________________________ Signature of Authorized Officer or Agent __________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _______________________________________________ NOTARY PUBLIC My Commission Expires: __________________________ 1 To determine the number of employees for purposes of this affidavit, a business must count its total number of employees company-wide, regardless of the city, state, or country in which they are based, working at least 35 hours a week. Example of Affidavit

29. Title 50 Compliance Requirements

30. O.C.G.A §50-36-1 Entities are required to verify the lawful presence (in the United States) of any person applying for certain public benefits Public benefits are listed in Code Section

31. Examples of Public Benefits Include Authorization to conduct a commercial enterprise or business Business certificate, license, or registration Business loan Energy Assistance Gaming license Grants Health Benefits Housing allowance, grant, guarantee, or loan Occupational license Public and assisted housing Retirement benefits Tax certificate required to conduct a commercial business

32. Verifying Lawful Presence

33. Example of Affidavit

34. How does entity determine rights to benefits? If documents indicate applicant is a US Citizen If affidavit indicates applicant is a legal resident or qualified alien or non-immigrant Applicant must provide alien number Entity must submit it through SAVE to confirm lawful presence If lawful presence confirmed, entity may award benefits provided all other qualifications are met • No further action required • Entity may award benefits provided all other qualifications are met

35. SAVE…

36. Reporting Requirements

37. General Reporting RequirementsO.C.G.A §50-36-4

38. What Reports Must be Submitted?

39. Contractor Report…. Must include a listing of every contract issued in reporting period that meets definition of “Physical Performance of Services” Vendors that meet the definition but have no employees must be reported If there are multiple contracts with the same vendor, they need to be reported separately on the report If you have no contracts, you need to document that in your report Include the following information – Vendor’s legal name, address, and E-Verify number, the date of the contract

40. Contractor Report Example of File Layout Contract number and amount are optional. All other information is required.

41. Tips to Facilitate Title 13 Reporting… • Plan Ahead • Know what account codes may involve services to be reported • Have a process for identifying vendors at the front-end • Have a process in place for gathering/storing affidavits • Review completed affidavits to ensure they are complete and E-Verify Number meets criteria • Keep a spreadsheet throughout the year to include information that needs to be reported.

42. Business License Report Must include a listing of each business issued a license that was required to use E-Verify Include new issuance and renewals Include the name of the person and business issued a license, license number, and E-Verify Number It is optional to include businesses that are exempt from the E-Verify requirement If no licenses issued, must document that on report

43. Public Benefits Report List all public benefits administered by the agency Note whether SAVE authorization granted for such public benefit If no public benefits, must document such on report

44. Sanctuary Policy and Report O.C.G.A. §36-80-23 states that…No local governing body shall enact, adopt, implement, or enforce any sanctuary policy Entities in violation of law shall be subject to the withholding of state funding or state administered federal funding Entities must certify compliance with O.C.G.A. §36-80-23 in immigration report

45. Sanctuary Report

46. Filing Your Annual Report

47. Collection System • DOAA uses a web-based system to collect reports. • Access system at: https://www.audits.ga.gov/auth

48. Collection System - Points to Remember

49. Need Resources?

50. Need Resources?