presented by accg and gma sbseptember 19, 2011
TRANSCRIPT
Program Overview E‐Verify
County and City Usage Contracts Private Employers
SAVE SAVE Enforcement Other Requirements Other Requirements Question and Answer Session
What is the SAVE program?
The Systematic Alien Verification for Entitlements (SAVE) program is operated by the Department of (SAVE) program is operated by the Department of Homeland Security division of the United States Citizenship and Immigration Services (USCIS)p g ( )
Used to determine the legal status of individuals gseeking federal, state or local public benefits through benefit granting agencies
How Do I Register for the SAVEHow Do I Register for the SAVE Program?g1. Step One: Online registrationhttps://save uscis gov/Registration/Reglogin aspx?JS=YEShttps://save.uscis.gov/Registration/Reglogin.aspx?JS=YES
2. Step Two: Submit the ACCG/GMA Check List2. Step Two: Submit the ACCG/GMA Check List
3. Step Three: Sign and Submit the MOA Packet3 p g
SAVE Program Registration ConfirmationSAVE Program Registration ConfirmationSAVE Program Registration ConfirmationSAVE Program Registration Confirmation
Completing Online RegistrationCompleting Online RegistrationCompleting Online RegistrationCompleting Online Registration
Begin SAVEBegin SAVE PProgram Registrationrogram RegistrationBegin SAVE Begin SAVE PProgram Registrationrogram Registration
Entering the Agency Entering the Agency Point of ContactPoint of ContactPoint of ContactPoint of Contact
Selecting the Public BenefitsSelecting the Public BenefitsSelecting the Public BenefitsSelecting the Public Benefits
How Do I Use the SAVE Affidavit? The affidavit should be used when anyone 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 Citizen, their alien ID number submitted with the affidavit must be verified through the SAVE system
Who is an Applicant?An “applicant” is any natural person, 18 years orolder, who has made application for access topublic benefits on behalf of an individual,business, corporation, partnership or otherprivate entity.
( )( )O.C.G.A. § 50‐36‐1(a)(3)
Who can be verified through SAVE?
Immigrants
Non‐immigrants
It CANNOT be used to verify U.S. Citizens
What is a Public Benefit?
Federal Public Benefit Definition
State and Local Public Benefit Definition State and Local Public Benefit Definition
Statutory List of Benefits
Public Benefits that Apply to Local Governments
AG’s List of Public Benefits
Federal Public Benefit
8 U.S.C. Section 1611 (c) (1) defines ‘federal public benefit’ as:
“any grant, contract, loan, professional license, or commercialli id d b f th U it d St t b 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 any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance,unemployment benefit, or any other similar benefit for whichpayments or assistance are provided to an individual, household,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. “
State and Local Public Benefit
( ) ( ) d f ‘ d l l bl8 U.S.C. Section 1621 (c) (1) defines ‘state and local publicbenefit’ as:
“any grant, contract, loan, professional license, or commercial 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
ti t lf h lth di bilit bli i t d any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance,unemployment benefit, or any other similar benefit for whichpayments or assistance are provided to an individual, household,p y p , ,or family eligibility unit by an agency of a State or localgovernment or by appropriated funds of a State or localgovernment.”
List of Public Benefits in Statute List of Public Benefits in Statute Adult Education MedicaidAdult Education Cash Allowance Disability Insurance
Medicaid Occupational License Professional Licensey
Down Payment Assistance Energy Assistance
Rent Assistance State Grant or Loan
Food Stamps Gaming LicenseH l h B fi
State ID Card TANFU l I Health Benefits
Housing Assistance Unemployment Insurance Welfare to Work
List of Public Benefits in Statute Business certificate Tax certificate required to Business certificate, license or registration
Business loan
a ce t cate equ ed toconduct a commercial business
Loan guarantee Registration of a
Authorization to conduct a commercial enterprise or businessg
regulated businessor business
ACCG/ GMA Public Benefits ListACCG/ GMA Public Benefits List
Commercial Licenses/Occupational Taxes
Alcoholic Beverage License
O ti T C tifi t Occupation Tax Certificates
Taxicab Licenses Taxicab Licenses
Insurance Company Licenses (Cities only)p y ( y)
ACCG/ GMA P bli B fit Li tACCG/ GMA Public Benefits List Contracts
Miscellaneous Licenses: Auctioneers Transient businesses Precious metals and
gem dealers Pawn brokers Massage therapists Billiard rooms operations
gem dealers Flea markets Peddlers and
Billiard rooms operations Fortune telling and palmistry
itinerant peddlers
R i R iReporting Requirements
S b i l D f C i Submit annual report to Department of Community Affairs by January 1st each year
Identify all benefits administered
Id tif ll b fit li d f b t t d b Identify all benefits applied for but not approved by the Department of Homeland Security
Steps To Take To Ensure Compliance With SAVE
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 y y y y
SAVE system is unable to verify an alien ID number Use the sample affidavit form for all departments that
provide public benefitsp p 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 governmenty pp y y g
Submit annual public benefits report to DCA by January 1st
Use secure and verifiable documentsUse secure and verifiable documents
ReviewReviewE‐Verify
No charge to useSAVE
50¢ per inquiry/$25 month No charge to use Use for all new hires All private employers seeking
occupation tax certificates must provide affidavits
50¢ per inquiry/$25 month Use for public benefit
eligibility Only use for non‐U.S. citizens Require all applicants to sign must provide affidavits
All contractors, subcontractors, and sub‐subcontractors doing business with the government must provide affidavits
Require all applicants to sign affidavit
Submit annual public benefits report to DCA by January 1st
Only accept secure and provide affidavits Post E‐Verify ID # &
authorization date on govt or CVIOG website
Submit both annual reports by
Only accept secure and verifiable documents as provided by the AG’s office
Penalties for noncompliance 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
Immigration Enforcement Review BoardBoard Consists of 7 members
Administratively attached to the Department of Audits
Required to meet at least once every 3 months
Powers of the Review Board Conducts reviews and investigations of complaints
Holds hearings and considers evidence
Subpoenas documents and witnesses
Issues written reports of their findings and can recommend sanctions and remedial action
Who is Subject to Penalties? Elected and appointed officials
Government employees
Government agencies
P ltiPenalties
Fines of up to $10,000 for intentional and knowing failure by agency heads to comply
Sanctions of $1000 $5000 for knowing and willing 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 k i l ti f d l t d tknowingly accepting fraudulent documents
Loss of qualified government status Loss of state appropriated funds Loss of state appropriated funds
Secure and Verifiable Documents 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 f id tifi ti b tof identification by a government
Must be used with SAVE affidavit Must be used with SAVE affidavit
U it d St t P tUnited States Passport or United States Passport Card Passports are issued to citizens and non‐citizens owing allegiance to the USA.
United States Uniformed Services Privilege and Identification Card 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 dependents of members, red to retired reservists, blue to retirees, and green to reservists.
D i ’ Li d Id ifi i C dDriver’s Licenses and Identification Cards
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 , , gthe card has a photograph and identifying information.
Because of the sheer number of cards which would fall 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 are presented to the city or county.
Tribal Identification Cardba de t cat o Ca d 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 many have their own identification card. For a full list of federally recognized tribes, please check: http://www.bia.gov/whoweare/bia/ois/tribalgovernmentsei / ib ldi /i d hrvices/tribaldirectory/index.htm .
Below is a sample ID card from the Cherokee Nation.
United States Permanent Resident Card orUnited States Permanent Resident Card or Alien Registration Receipt The United States Permanent Resident Card (Form 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. y g g
Employment Authorization Document (EAD) This document is commonly known as a “work permit” and allows a recipient to legally work in the United States States.
The document must contain a photograph.
Passport of a Foreign Government There are nearly 200 countries worldwide, There are nearly 200 countries worldwide,
many of which issue passports. Passports from foreign countries must be Passports from foreign countries must be be assessed on an individual basis.
Below and above are sample from covers from a Below and above are sample from covers from a few select countries.
Merchant Mariner Document or CredentialMerchant Mariner Document or Credential issued by the United States Coast Guard A Merchant Mariner Credential will replace A Merchant Mariner Credential will replace
the Merchant Mariner Document as they are phased out and looks like a passport. A sample i t th i ht is to the right.
A Merchant Mariner Document is also known as a Z Card and is about the size of a driver’s a Z‐Card and is about the size of a driver s license. It is being phased out of use. A sample is to the right.
Free and Secure Trade (FAST) Card The Free and Secure Trade program enacted to p gexpedite 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 d i ki lifi d t idrivers making qualified trips.
NEXUS Card The NEXUS program allows pre‐screened travelers expedited processing by Canadian or United States officials for air land and sea travel officials for air, land and sea travel.
Secure Electronic Network for TravelersSecure Electronic Network for Travelers Rapid Inspection (SENTRI) Card
The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) Program allows pre screened Inspection (SENTRI) Program allows pre‐screened travelers expedited processing by United States or Mexican officials for land, air or sea travel.
Canadian Driver’s License 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 A few sample Canadian driver s licenses are provided here.
A Certificate of Citizenship issued by the United p yStates Department of Citizenship and Immigration Services (USCIS)( )
The Certificate of Citizenship (Form N‐560 or F N 6 ) i d i d b h U i d Form N‐561) is a document issued by the United States government as proof of citizenship.
A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration Services (USCIS)
A Certificate of United States Naturalization (Form N‐550 or Form N‐570) is a document issued by the United States 57 ) ygovernment which proves a person has obtained citizenship through naturalization.
Other Secure and Verifiable Documents 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 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. documents by the Attorney General of Georgia.
Unacceptable Forms of ID Matricula Consular de Alta Seguridad
Matricula Consular Card
Consular Matriculation Card
Consular Identification Card
Important Websites Department of Auditshttp://www.audits.ga.gov/NALGAD/IllegalImmigratioR f dE f A h lnReformandEnforcementAct.html
Department of Community Affairsh // d /PBR i i /L lPBR /Ihttp://www.dca.ga.gov/PBRegistration/LocalPBReg/Index.aspx
Department of Law Department of Lawhttp://law.ga.gov/00/channel_title/0,2094,87670814_167693491,00.html7 9349 ,