The "sweeping" immigration reform bill passed by the Georgia General Assembly two years ago appears to be anything but.

Many local governments -- including about one-third of counties -- have been slow to comply with the state law requiring them to prevent illegal immigrants from obtaining employment and a host of taxpayer-funded benefits. And state oversight is absent due to a lack of funding.

Touted as the most stringent state-sponsored immigration crackdown in the county, the Georgia Security and Immigration Compliance Act of 2006 requires governments to use federal programs to ensure employees hired by the state, counties and cities -- and all contractors and subcontractors working on their behalf -- are legal citizens of the United States.

The act also mandates that those governments verify the citizenship status of anyone applying for public benefits such as welfare, professional and commercial licenses, and publicly assisted housing.

Enrollment in the two federal programs makes clear that usage is sparse in Georgia.

By early May, 62 of Georgia's 159 counties had not enrolled in a free U.S. Department of Homeland Security program that checks the citizenship status of potential employees, known as E-Verify, according to the Association of County Commissioners of Georgia.

Some county officials were unaware their government was breaking state law.

"It looks like to me we're probably in violation," but no one has said so, said Fred Russell, city administrator for Richmond County, which is following the employment verification portion of the law.

Russell said the county, which is enrolled in E-Verify, requires contractors to submit an affidavit attesting that their employees legally reside in the United States. He added that county officials toss out bids from contractors that have not submitted the documentation.

Observers say even fewer governments are enrolled in a U.S. Citizenship and Immigration Services program that checks the citizenship status of applicants for welfare, food assistance, unemployment and other public benefits.

Only nine governments or agencies in the state are using or have applied to use the Systematic Alien Verification for Entitlements program, known as SAVE, according to D.A. King, founder and president of the Marietta-based Dustin Inman Society, an anti-illegal immigration group. Six of those agencies were state departments.

USCIS officials did not provide data on how many governments are enrolled in SAVE, despite repeated requests made in the past week and a half.

Though violations appear to be widespread, there is apparently little the state can do about it.

The law contains no penalties for cities and counties that break it. Moreover, the General Assembly has yet to provide funding to the Georgia Department of Labor to monitor whether public employers are following the law, said Sam Hall, spokesman for the department.

Supporters of the law say something needs to be done to enforce it.

"There needs to be consequences for violating this law. The taxpayers expect it," said Senate President Pro Tem Eric Johnson, R-Savannah.

Sen. Chip Rogers, R-Woodstock, who authored the act, said local governments may not grasp how the law defines a "public benefit." But noncompliance is not an option.
"Just simply ignoring it is not is not the answer," Rogers said.

Rogers said his goal right now is to get governments to comply, not to punish them.

Local governments may be in a quandary over the law's requirements, officials said.

"I think there is some confusion as to what type of things you have to have verification for," said Michelle NeSmith, research and policy development director for the Association of County Commissioners of Georgia.

NeSmith said a handful of the 62 counties in violation in May are probably in compliance now, and a few may have less than 100 employees and will not need to be compliant until July 2009.

NeSmith had no information about how many counties are using the SAVE program.

Legislation that would have put in jeopardy state funding for counties and cities violating the act cleared the Senate in the past legislative session, but was gutted when it reached the house, Rogers said.

King, of the Dustin Inman Society, said he did not know of specific cases of illegal immigrants receiving employment or public benefits the state law is supposed to keep from them.

But, he says, "The chances of it not having happened are infinitesimal."

The same goes for counties and cities that do not require contractors to attest that their workers are legal.

"It is very possible and likely they are hiring illegal aliens," King said.

With statewide elections on the horizon, King said he plans to make voters aware that their elected officials are skirting the law.

"We never dreamed elected officials of local governments would be in defiance of the law," King said.

All public employers with more than 500 employees were required to comply with the law as of July 2007. By July 2008, public employers with more than 100 employees must comply. Every public employer must be in compliance by July 2009.

Participation in the federal programs is voluntary, but the Georgia Security and Immigration Compliance Act made participation mandatory for public agencies.