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Federal Judge Grants Preliminary Injunction to Block Parts of Georgia Immigration Law

  • June 28, 2011

Determining parts of Georgia’s new immigration law (HB 87) were preempted by federal law, Judge Thomas W. Thrash, Jr., issued a preliminary injunction against sections of the state law that allow police to question individuals about their immigration status and mandate sanctions for those who harbor or transport undocumented migrants.  Georgia Latino Alliance for Human Rights, et al. v. Deal, et al., No. 1:11-CV-1804-TWT (N.D. Ga. June 27, 2011).  These sections were to take effect on July 1, 2011.  The rest of the law’s provisions remain intact.  Georgia Governor Nathan Deal has vowed to appeal the ruling.

The ruling does not affect requirements that businesses in Georgia register with and begin using the federal E-Verify program and check the legal status of new hires. Businesses with 500 employees or more must begin using E-Verify on January 1, 2012; those with 100 to 499 employees, on July 1, 2012; and those with 11 to 99 employees, on July 1, 2013.

This is only a brief summary of the latest developments.  Jackson Lewis attorneys are available to discuss the ruling and assist employers in achieving compliance with the E-Verify requirements.

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