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Georgia House Bill 87
Georgia General Assembly
  • Illegal Immigration Reform and Enforcement Act of 2011
PassedApril 14, 2011
Signed byNathan Deal
SignedMay 13, 2011
CommencedJuly 1, 2011
Legislative history
Bill titleHouse Bill 87
First readingJanuary 27, 2011
Second readingJanuary 31, 2011
Third readingMarch 3, 2011
Status: Current legislation

Georgia House Bill 87 (official title: Illegal Immigration Reform and Enforcement Act of 2011; abbreviated HB 87) is an anti-illegal immigration act passed by the Georgia General Assembly on April 14, 2011, and signed into law by Georgia governor Nathan Deal on May 13, 2011.[1] It took effect on July 1 of that year.[2] The law was authored by Peachtree City Republican state representative Matt Ramsey, and was partly based on Arizona's SB 1070 bill that had passed the previous year.[3][4][5]

Sponsors

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In the Georgia House of Representatives, HB 87 was co-sponsored by Matt Ramsey, Rich Golick, Katie M. Dempsey, Rick Austin, Stephen Allison, and Ed Lindsey. In the Georgia State Senate, it was sponsored by Bill Hamrick.[1]

Provisions

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HB 87 requires businesses in Georgia with more than 10 employees to use E-Verify to verify that prospective employees are eligible to work in the United States legally. The bill allows police in the state to attempt to determine the immigration status of some suspects.[3] It also makes the intentional transportation of undocumented immigrants while a crime is being committed punishable by a fine of up to $1,000 and a prison sentence of up to a year. In addition, it punishes undocumented workers convicted of using fake identification to gain employment with up to 15 years in prison and up to a $250,000 fine.[3][6]

Similarity to Arizona's SB 1070

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Commentators noted that HB 87 was similar to other anti-illegal immigration laws that had recently been passed in other U.S. states, such as Arizona SB 1070.[3] Some of HB 87's critics dubbed it a "copycat" of SB 1070, a claim that PolitiFact rated "half true" because, although the two laws are similar, the authors of HB 87 tried to address concerns about the constitutionality of such legislation. For instance, HB 87 merely allows police to check the immigration status of suspects, whereas SB 1070 required them to do so.[7]

Reactions

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When HB 87 was signed into law, it was widely described as one of the toughest such laws in the country. Multiple organizations, including the American Civil Liberties Union (ACLU) and the Southern Poverty Law Center (SPLC), also publicly raised the possibility of suing Georgia over the law.[2][6] The bill was also criticized by the leaders of the Leadership Conference on Civil and Human Rights and the Georgia Latino Alliance for Human Rights.[6] The government of Mexico also criticized Deal for signing the bill into law, saying in a statement that "The legislators and state executive ignored the many contributions of the immigrant community to the economy and society of Georgia."[6] Some critics, including Azadeh N. Shahshahani and Wade Henderson, criticized the bill on the basis that it would invite racial profiling of Latinos and other people of color.[6][8] Other critics also criticized the law because they thought it would adversely affect trust in the police among immigrants.[9]

Supporters of the bill generally argued that it would benefit Georgia taxpayers by reducing the economic burdens associated with providing for undocumented immigrants in the state.[10] Support for the bill came from conservative groups that support strict immigration laws, including Americans for Immigration Control, whose spokesman, Phil Kent, said that the bill was about protecting taxpayers from the costs of illegal immigration. Kent told CNN that "We just want to make sure that people are welcome here and that they come here legally. And then we can cut back on the illegal immigration."[6] The bill was also supported by Mark Krikorian of the Center for Immigration Studies, who said that in passing it, Georgia "...seems to have addressed the top-priority matters a state can deal with," and by Catherine Davis, legislative director for the Network of Politically Active Christians, who told the Atlanta Journal-Constitution that the bill "will stop unscrupulous behavior."[3]

Effects

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HB 87 has since been criticized for allegedly having a negative impact on Georgia's economy, especially in the agricultural sector, because it decreased the number of undocumented workers who were available to work on farms in Georgia.[11][12][13] A 2011 University of Georgia study showed that after the law, Georgia experienced a labor shortage of over 5,000 farm workers, which resulted in $140 million in crop losses.[14] Similarly, according to the 2012 Georgia Ag Forecast, Georgia experienced an agricultural labor shortage of almost 50% after HB 87 was passed.[15] An Atlanta Journal-Constitution survey, also conducted in 2011, estimated that farmers in Georgia would be short by about 11,000 workers during the upcoming season.[16] When Jason Carter was running for governor of Georgia in the 2014 election, he criticized Deal for signing the law, saying that it had resulted in an "economic disaster" for the state and noting that he had voted against it in the state legislature. Deal responded that Georgians believed it was important to enforce the law, and that the bill had served to remind the federal government how important it was to address the issue of undocumented immigration.[17]

Some researchers have also expressed concern that the law may adversely affect public health among Hispanic immigrants in Georgia.[18] For instance, a 2013 study found that visits to the pediatric emergency department among Hispanics in Georgia decreased after the law was implemented, while the acuity of these visits tended to increase; in contrast, no other group in Georgia saw these trends during the same time period.[19]

Protests

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Prior to Governor Deal signing HB 87 into law, numerous protesters gathered outside his office at the Georgia State Capitol, and the group Southerners on New Ground called for a boycott of the state if the bill was enacted.[6] On July 2, 2011, a rally took place outside the State Capitol to protest the law; the size of the crowd was estimated at between 8,000 and 14,000.[20]

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On June 2, 2011, the ACLU, the SPLC, the Asian Law Caucus, and the National Immigration Law Center filed a lawsuit challenging HB 87, arguing that it was preempted by federal law and was unconstitutional.[21] In March 2013, the United States Court of Appeals for the Eleventh Circuit issued a permanent injunction which blocked multiple provisions of the law,[22] including section 7, which made it illegal to transport or harbor undocumented immigrants while they were committing another crime.[23]

References

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  1. ^ a b "HB 87 2011–2012 Regular Session". www.legis.ga.gov. Retrieved 2017-09-02.
  2. ^ a b Brown, Robbie (2011-05-13). "New Georgia Immigration Law Is One of Toughest in Nation". The New York Times. ISSN 0362-4331. Retrieved 2017-09-02.
  3. ^ a b c d e Redmon, Jeremy (2011-04-15). "Georgia lawmakers pass illegal immigration crackdown". Atlanta Journal-Constitution. Retrieved 2017-09-02.
  4. ^ Redmon, Jeremy (2016-03-03). "Georgia Legislature seeking to crack down on illegal immigration". Atlanta Journal-Constitution. Retrieved 2017-09-02.
  5. ^ Redmon, Jeremy (2011-05-13). "Governor signs Arizona-style immigration bill into law". Atlanta Journal-Constitution. Retrieved 2017-09-10.
  6. ^ a b c d e f g Valdes, Gustavo (2011-05-13). "Georgia governor signs controversial anti-illegal immigration law". CNN. Retrieved 2017-09-02.
  7. ^ Mariano, Willoughby (2011-03-07). "Immigration bill foes label legislation an Arizona "copycat"". Politifact. Retrieved 2017-09-11.
  8. ^ Shahshahani, Azadeh (2012-05-18). "HB 87 Negatively Impacts Georgia Economy and Reputation". Jurist. Retrieved 2017-09-11.
  9. ^ Altschulter, Daniel (2011-06-30). "Georgia's HB 87 Goes into Effect on July 1". Americas Quarterly. Retrieved 2017-09-11.
  10. ^ Ruiz, Iris D.; Sánchez, Raúl (2016-10-15). Decolonizing Rhetoric and Composition Studies: New Latinx Keywords for Theory and Pedagogy. Springer. p. 163. ISBN 9781137527240.
  11. ^ Esses, Victoria M.; Brochu, Paula M.; Dickson, Karen R. (2012-12-01). "Economic Costs, Economic Benefits, and Attitudes Toward Immigrants and Immigration". Analyses of Social Issues and Public Policy. 12 (1): 133–137. doi:10.1111/j.1530-2415.2011.01269.x. ISSN 1530-2415.
  12. ^ McArdle, Megan (2011-06-21). "Georgia's Harsh Immigration Law Costs Millions in Unharvested Crops". The Atlantic. Retrieved 2017-09-03. Thanks to the resulting labor shortage, Georgia farmers have been forced to leave millions of dollars' worth of blueberries, onions, melons and other crops unharvested and rotting in the fields. It has also put state officials into something of a panic at the damage they've done to Georgia's largest industry.
  13. ^ Asbed, Greg; Sellers, Sean (2011-10-17). "The Nation: The High Cost Of Anti-Immigrant Laws". NPR.org. Retrieved 2017-09-03.
  14. ^ "HB 87 is costing Georgia big bucks". WALB. Retrieved 2017-09-03.
  15. ^ Gallant, Andre (2013-02-02). "Georgia prepares for impact of immigration reform in D.C." Athens Banner-Herald. Archived from the original on 2017-09-03. Retrieved 2017-09-03.
  16. ^ Khimm, Suzy (2011-06-24). "If Georgia Drives Away Immigrant Workers, Will Its Economy Suffer?". Mother Jones. Retrieved 2017-09-09.
  17. ^ "Carter, Deal clash over immigration". Atlanta Journal-Constitution. Retrieved 2017-09-20.
  18. ^ Aponte-Rivera, Vivianne R.; Dunlop, Boadie W. (November 2011). "Public health consequences of state immigration laws" (PDF). Southern Medical Journal. 104 (11): 718–719. doi:10.1097/SMJ.0b013e318233539b. ISSN 1541-8243. PMID 22024776.
  19. ^ Beniflah, Jacob D.; Little, Wendalyn K.; Simon, Harold K.; Sturm, Jesse (2013-12-01). "Effects of Immigration Enforcement Legislation on Hispanic Pediatric Patient Visits to the Pediatric Emergency Department". Clinical Pediatrics. 52 (12): 1122–1126. doi:10.1177/0009922813493496. ISSN 0009-9228. PMID 23836808.
  20. ^ Haines, Errin (2011-07-02). "Protesters rally against Georgia immigration law". Salon.
  21. ^ Ceasar, Stephen (2011-06-02). "Georgia immigration law taken to court". Los Angeles Times. ISSN 0458-3035. Retrieved 2017-09-09.
  22. ^ "Georgia Latino Alliance for Human Rights, et al. v. Deal". American Civil Liberties Union. Retrieved 2017-09-02.
  23. ^ Kowalski, Daniel (2013-04-01). "Section 7 of Georgia's HB 87 Permanently Enjoined". LexisNexis. Retrieved 2017-09-02.
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  • Bill on the website of the Georgia General Assembly
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