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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 Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
governor
Nathan Deal John Nathan Deal (born August 25, 1942) is an American lawyer and politician who served as the 82nd governor of Georgia from 2011 to 2019. He was elected to the United States House of Representatives as a member of the Democratic Party in 1992 a ...
on May 13, 2011. It took effect on July 1 of that year. The law was authored by
Peachtree City Peachtree City is the largest city in Fayette County, Georgia, United States. As of the 2010 United States Census, it had a population of 34,364. Peachtree City is located in South Metro Atlanta. Peachtree City is noted for its extensive use o ...
Republican state representative Matt Ramsey, and was partly based on
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
's
SB 1070 The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and commonly referred to as Arizona SB 1070) is a 2010 legislative Act in the U.S. state of Arizona that was the broadest and strictest an ...
bill that had passed the previous year.


Sponsors

In the
Georgia House of Representatives The Georgia House of Representatives is the lower house of the Georgia General Assembly (the state legislature) of the U.S. state of Georgia. There are currently 180 elected members. Republicans have had a majority in the chamber since 2005. ...
, 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 The Georgia State Senate is the upper house of the Georgia General Assembly, in the U.S. state of Georgia. Legal provisions The Georgia State Senate is the upper house of the Georgia General Assembly, with the lower house being the Georgia Ho ...
, it was sponsored by Bill Hamrick.


Provisions

HB 87 requires businesses in Georgia with more than 10 employees to use
E-Verify E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. No federal law mandates use of E-Verif ...
to verify that prospective employees are eligible to work in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
legally. The bill allows police in the state to attempt to determine the immigration status of some suspects. 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.


Similarity to Arizona's SB 1070

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. 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.


Reactions

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 The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) and the
Southern Poverty Law Center The Southern Poverty Law Center (SPLC) is an American 501(c)(3) nonprofit legal advocacy organization specializing in civil rights and public interest litigation. Based in Montgomery, Alabama, it is known for its legal cases against white s ...
(SPLC), also publicly raised the possibility of suing Georgia over the law. The bill was also criticized by the leaders of the
Leadership Conference on Civil and Human Rights The Leadership Conference on Civil and Human Rights (The Leadership Conference), formerly called the Leadership Conference on Civil Rights, is an umbrella group of American civil rights interest groups. Organizational history The Leadership Co ...
and the Georgia Latino Alliance for Human Rights. The government of
Mexico Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
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." Some critics, including
Azadeh N. Shahshahani Azadeh N. Shahshahani is an American human rights attorney based in Atlanta. She is legal and advocacy director for Project South. She previously served as president of the National Lawyers Guild and director of the National Security/Immigrants' ...
and
Wade Henderson Wade J. Henderson (born April 22, 1948) is an African-American advocate, community leader and governmental activist. He has served as president of the Leadership Conference on Civil and Human Rights (LCCHR) and counsel to the Leadership Conferen ...
, criticized the bill on the basis that it would invite
racial profiling Racial profiling or ethnic profiling is the act of suspecting, targeting or discriminating against a person on the basis of their ethnicity, religion or nationality, rather than on individual suspicion or available evidence. Racial profiling involv ...
of
Latino Latino or Latinos most often refers to: * Latino (demonym), a term used in the United States for people with cultural ties to Latin America * Hispanic and Latino Americans in the United States * The people or cultures of Latin America; ** Latin A ...
s and other people of color. Other critics also criticized the law because they thought it would adversely effect trust in the police among immigrants. 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. 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." The bill was also supported by Mark Krikorian of the
Center for Immigration Studies The Center for Immigration Studies (CIS) is an anti-immigration think tank and a SPLC designated hate group. It favors far lower immigration numbers, and produces analyses to further those views. The CIS was founded by historian Otis L. Grah ...
, 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."


Effects

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. A 2011
University of Georgia , mottoeng = "To teach, to serve, and to inquire into the nature of things.""To serve" was later added to the motto without changing the seal; the Latin motto directly translates as "To teach and to inquire into the nature of things." , establ ...
study showed that after the law, Georgia experienced a
labor shortage In economics, a shortage or excess demand is a situation in which the demand for a product or service exceeds its supply in a market. It is the opposite of an excess supply ( surplus). Definitions In a perfect market (one that matches a si ...
of over 5,000 farm workers, which resulted in $140 million in crop losses. Similarly, according to the 2012 Georgia Ag Forecast, Georgia experienced an agricultural labor shortage of almost 50% after HB 87 was passed. 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. 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. Some researchers have also expressed concern that the law may adversely affect
public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
among Hispanic immigrants in Georgia. 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.


Protests

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 Southerners on New Ground (commonly referred to as SONG) is a social justice, advocacy and capacity building organization serving and supporting queer and lesbian, gay, bisexual and transgender (LGBT) people, uniquely focusing its work in the south ...
called for a boycott of the state if the bill was enacted. 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.


Legal challenges

On June 2, 2011, the ACLU, the SPLC, the
Asian Law Caucus Founded in 1972, the Asian Law Caucus (ALC) is the U.S.'s first legal aid and civil rights organization serving the low-income Asian Pacific American communities. The ALC focuses housing rights, immigration and immigrant rights, labor and empl ...
, and the
National Immigration Law Center The National Immigration Law Center (NILC) is a center in the United States that "engages in policy analysis, litigation, education and advocacy, to achieve hevision" of "a society in which all people—regardless of race, gender, immigration or ec ...
filed a lawsuit challenging HB 87, arguing that it was preempted by federal law and was unconstitutional. In March 2013, the
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
issued a permanent injunction which blocked multiple provisions of the law, including section 7, which made it illegal to transport or harbor undocumented immigrants while they were committing another crime.


References

{{Reflist


External links


Bill
on the website of the Georgia General Assembly Georgia (U.S. state) statutes 2011 in American law 2011 in Georgia (U.S. state) United States immigration law Immigration legislation