House Bill 87: Illegal Immigration Reform and Enforcement Act of 2011
Georgia Governor Nathan Deal signed into law the “Illegal Immigration Reform and Enforcement Act of 2011” on May 13th. This bill focuses on primarily on verification of a foreign citizen’s legal status in the United States for the purpose of employment and/or eligibility for public benefits. It also authorizes law enforcement officials to seek to verify the immigration status of individuals suspected of a crime.
How does this bill affect students and scholars at Emory? House Bill 87 affects you in two ways:
- As of July 1, 2011, it authorizes law enforcement officials to seek to verify the immigration status of a criminal suspect (including suspects of minor traffic offenses) if he or she is unable to produce documentation verifying status
- The bill states that a valid Georgia driver’s license or state ID card may be used to verify status, since proof of legal status is required at the time of license/ID card application
- It refers to a list of “secure and verifiable” documents that will be released in August 2011 and updated annually
- It states that if the officer is unable to verify status based on documents provided, that officer is responsible for contacting state and federal agencies to determine immigration status
- It requires most private employers in the state of Georgia to register with the federal work authorization program known as E-Verify
- Employer registration with E-Verify is one of several criteria on which eligibility for the 17-Month Extension of OPT is based, which may allow more F-1 students who meet all other criteria for this extension to qualify
What does ISSS recommend in light of this new legislation?
U.S. law requires foreign citizens to maintain immigration documents in their possession at all times. The U.S. Department of Homeland Security (DHS) does not always strictly enforce this requirement. In most cases, the ability to produce documents within a reasonable period of time has been enough to satisfy this requirement. ISSS continues to recommend that international students and scholars bring the original documents (passport with valid I-94 card and I-20 Form) when traveling an hour or more away from campus so that they are easily accessible if he or she is required to demonstrate legal status.
According to this law, students and scholars who have a valid Georgia driver’s license or state ID may use these documents to provide evidence of legal presence in the United States. However, ISSS still strongly suggests that all students and scholars maintain a set of certified (i.e. notarized) copies of the original immigration documents at all times to ensure compliance. If you choose to carry certified photocopies, please copy the following documents:
- Passport identification pages that have your picture and personal information as well as official information (including its date of expiration and extension page, if applicable)
- Visa stamp
- Both sides of Form I-94
- Additional immigration documents
- F-1 students: pages 1 & 3 of Form I-20
- J-1 students and scholars: page 1 of Form DS-2019
- H-1B, O-1, and TN scholars: I-797 approval notice (if applicable)
As referenced above, the state of Georgia intends to provide additional information on appropriate documents for verification of status in August 2011. ISSS will carefully review this document list when it is published and provide additional recommendations to students and scholars, if necessary, at that time.
If you have any questions about the information contained in this email or other immigration issues, please contact your International Student or Scholar Advisor (http://www.emory.edu/issp/about_issp/staff/index.html)