Georgia's new immigration law, HB 87, which goes into effect on 1 July, 2011, is already being challenged in court with critics claiming that only the Fed can determine and set immigration policy. Specifically cited as unconstitutional by opponents is the provision allowing law enforcement to detain individuals while determining immigration status. Essentially the suit is a copy of the one brought against Arizona after the adoption of their similar law. Both the Arizona and Georgia laws include an E-Verify provision which calls for a federal system to check the status of workers; this is not being challenged.
Other opposition to the law is coming from oddly, some churches, who fear they might be charged with a crime for performing what they see as "regular ministries". Supporters of the law counter that the law exempts activities which might otherwise be illegal as long as the services provided by the church are for "infants, children, or victims of crime".
The agriculture lobby also opposes the law and claims an 11,080 person labor shortage (pretty specific number there, Big Ag...) since the passage of the bill. However, Georgia currently has the seventh largest population of illegals while being the ninth largest state in the country in total population. A more likely explanation for the perceived shortage may be the recent economic recession and the overall lack of jobs available, especially in construction which has borne the brunt of the downturn.
What the opponents of the law do not seem to be able to grasp is the fact that legal aliens are already required to possess and carry proper identification in the form of a green card, and must upon demand present this ID to law officers. Additionally, since Terry vs. Ohio, the court found that state law enforcement is allowed to question identity with only reasonable suspicion.
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