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Wednesday, February 23, 2011

Georgia HB296 - Is it LEGAL? It will be costly! 2011-Legislative Session

Georgia lawmakers rolled out another ill conceived bill - HB296 - would require hospitals, schools, nursing homes and "the community health department" to maintain records on all undocumented children and adults.

Here's a piece from the Atlanta Journal Constitution  and another from Macon

While it's short, few would call it sweet.  Some would call it a "hit list," particularly in that schools maintain address records on students in their district.  Naturally, hospitals also collect home address records upon admission. 

Assuming tracking records will be required and NOT specifically prohibited from inspection by subpoena, that would require an undocumented person to divulge their status, which would seem to violate their 5th Amendment Rights. Yes, non-citizens have rights in the United States of America.

It seems some lawmakers and many citizens have forgotten the Bill of Rights of both the US and the State of Georgia:

Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty,  or property except by due process of law.
Paragraph II. Protection to person and property; equal protection . Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
.....
Later in refers to "citizens" so one would believe these RIGHTS apply to ALL, not just "citizens."

Interesting that so many negative bills have been presented near the 90th birthday of Georgia's first Constitution.

  • Are Georgia lawmakers intentionally ignoring the Constitution?  
  • Are some "designing" legislation in order to generate lawsuits and subsequent revenue for firms who will later defend these laws? It's obvious they will be challenged.
  • Are they modifying boiler plate legislation drafted those in the anti-immigrant movement?  (Copy-cat legislation.)  
  • Or....  
No matter the reasoning, is going to be another costly piece of legislation if passed.  Yet, another bill that will burden school systems, health departments and hospitals for starters.

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