South Carolina Immigration Law Faces Legal Challenge

WASHINGTON -- A coalition of immigrant rights groups filed a suit on Wednesday to block South Carolina's crackdown on unauthorized immigration, saying the law is unconstitutional and would encourage racial profiling.

The lawsuit may be a harbinger of things to come for the South Carolina law, which is similar in many ways to laws in Arizona, Georgia and Alabama. The law, which is set to go into effect on Jan. 1, requires police officers to ask about immigration status during routine stops if they have "reasonable suspicion" the person in question could be undocumented.

In Alabama and Arizona, similar laws led to challenges from the Department of Justice. Most provisions of the Arizona law, S.B. 1070, were blocked on Jun. 28, 2010, one day before the law was set to go into effect. Attempts to block most of the H.B. 46 immigration enforcement law in Alabama before its implementation date were unsuccessful, but DOJ lawyers appealed to federal courts last week to prevent its enforcement.

Those two laws also faced a barrage of lawsuits from immigrant rights groups, including the coalition that is now suing South Carolina over its law.

The South Carolina law, S.B. 20, has not been challenged by the Department of Justice, although the agency is reviewing it to determine whether it would interfere with federal law enforcement efforts.

Meanwhile, rights groups are pushing for the law to be blocked before it can be implemented. The American Civil Liberties Union joined with the Southern Poverty Law Center, the National Immigration Law Center and other immigrant rights groups on the lawsuit.

"We continue to call on the federal government to challenge all of these extremely problematic laws as they have in Alabama and Arizona," said Andre Segura, staff attorney with the ACLU Immigrants' Rights Project. "South Carolina, if not blocked from going into effect, has the same potential for causing the serious harm we've seen occur in Alabama."

South Carolina had the fastest-growing immigrant population over the past decade, according to the Migration Policy Institute.

Under the law, South Carolina employers will be required to use E-Verify, a federal program that checks employees and job applicants for legal status. If businesses knowingly employ undocumented immigrants, they could face losing their licenses. The law will also create a $1.3 million Illegal Immigration Enforcement Unit to help local police better interact with federal immigration officials.

The law's proponents say the goal is to drive undocumented immigrants out of the state, and prevent more from coming in. But immigrant rights groups say it would likely have unintended effects, such as drawing police attention from more critical matters, encouraging racial profiling and hindering efforts at community policing.

In Alabama, a similar law has driven immigrants underground and out of the state, leaving jobs unfilled in construction and farm work.

"Some of the legislators stated that they believe that we needed this law because immigrants who are not here legally are taking jobs," said Tammy Besherse, staff attorney for South Carolina Appleseed Legal Justice Center, one of the groups that is suing the state. "It hasn't worked in Alabama. If they are really leaving, why are the farmers still not able to fill those jobs?"

Comments

[Ricardo Carrano]

03:31 PM on 12/01/2011

First they came for the communists,
and I didn't speak out because I wasn't a communist.

Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.

Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.

Then they came for me
and there was no one left to speak out for me.

pastor Martin Niemöller (1892–1984)

[yomero]

11:26 PM on 10/31/2011

Fact ....from 2000 to 2005 ...50% less arrests a the south border ......from 2005 to 2010 ...50% less ...despite the new technology and the increase of fed;s agents ......so why people are so concerned about immigration ,,,i?......the ones that should be worried are the well paid immigration agents ....because soon they will lose their jobs....

[hatenomor]

05:40 PM on 10/14/2011

When Reagan was the President, we did "immigration reform" and granted amnesty to those who where here illegally. We were told that the problem would be solved and we wouldn't have to revisit the issue again. Instead, thirty years later, we still have the problem and we still hear the crys of immigration reform.
Now, seems like a whole lot of states are having problems with illegal aliens in their states. Isn't the primary job of the federal government is to enforce our borders? Why complain that the states are being forced into dealing with a problem the feds seem to be ignoring?
Heres my solution: If your found to be here illegally, you're sent to Arizona for years stay in their tent jails, then deported, with loss of ability to ever return here legally. Second offense? five years in Arizona then deported.
If your caught knowingly hiring an illegal, you lose your right to do business.

There: Problem Solved.

[Razpooten]

12:07 AM on 10/14/2011

"Mr. Detlev von Platen
CEO, Porsche Cars North America
980 Hammond Dr., Ste. 1000
Atlanta, GA 30328

Subject: New Headquarters in Georgia

Dear Mr. von Platen:

We are pleased at Porche’s commitment to the U.S. market, but surprised at your choice of Atlanta for a location, especially as a foreign based company.

As a national organization based in Arizona, we’ve seen the disastrous results of Arizona’s anti-immigrant law (SB1070) on Arizona’s economy and reputation as a place that welcomed hard working immigrants. Losses run well into the 100s of millions due to lost tourism, and lost economy from over 100,000 hard-working tax-paying Hispanics leaving. SB1070 has already cost several million in legal fees, and hate crimes against Hispanics have soared along with a very negative image of Arizona as hostile."
[Tucsoncitizen.com]

[voyager48]

01:11 PM on 10/14/2011

AZ is hardly crumbling from the after effects of SB1070. Yes 100,000 illegals left the state but not unsurprisingly the unemployment rate has dropped by over a percent since it was introduced. Any supposed cost to the state is a fraction of the GDP and far out weighed by the actual benefits of resolving a festering problem.

Tourism - one of the states sources of income has suffered no particular loss. Yes there were some largely symbolic actions of withdrawal of business that will minimally impact the convention business over the next 2-3 years. However this will likely have the greatest impact on the service workers - of which Hispanics form a significant part, so who is hurting whom?

It has certainly not had the disastrous results that you so dramatically claim. Phoenix hotel occupancies are at their highest levels in years. Tourist destinations like the Grand Canyon have reported no discernible drop in activity. However school attendance is down and so therefore is the cost of education to the state - one of the larger cost items to the state.

The world did not stop turning - in fact it did not even slow down.

BTW Mr Von Platen it really would not matter where in the US you put your headquarters, because the problem is endemic.The good news is that 100,000 illegals left AZ - and when this happens in the other 49 states, we will be half way to resolving the whole sorry mess!

[treadway123]

02:30 PM on 10/14/2011

Right! I know several who use to vacation in Arz. an don't now! Family in Arz. says it has turned citizens against Citizens! Arz. is a hostile inviroment now!

[Razpooten]

04:42 PM on 10/14/2011

A verbose rant to post conjecture and delusion?

[Harley Landis]

11:59 PM on 10/13/2011

Why do you suppose that so many states require ballots in their elections that are written in both English and Spanish? The legal Hispanics have become one of the largest voting blocs in this country. Politicians in states that have high numbers of Hispanics (e.g. Perry in Texas) will not make any move which will upset those voters, as they see that segment as necessary to win elections.

Most of the Hispanics I know have friends and family who are here illegally. Although this is anecdotal, I suspect that this is true across the board. The documented aliens and U.S.-born Hispanics are naturally sympathetic to the plight of the illegals, and probably help them to stay here and take advantage of the system.

Until some magical time when we get politicians who are more interested in the health of our country, and less about how they can keep their seats, we are going to be deluged, mostly from South of our border, with illegals. Perhaps we need to form a bi-partisan bloc to counteract the illegals' hold on the bloc that supports them. We could identify each other by walking around with our pants pockets turned inside-out, and greet each other with "Enough, already!"

[Liberalninja]

11:30 PM on 10/13/2011

You know immagrints shoud be aloud to come and stay.

[Harley Landis]

12:01 AM on 10/14/2011

And learn to spell.

[americansenior]

08:19 PM on 10/13/2011

President Obama will not get my vote next election .During one of the debates he actually said that AMERICANS should learn to speak Spanish.That did it for me.He wants to pass his Amnesty and Dream Act. As long as he is President he will keep trying to give citizenship,more social security,housing,medical,education,welfare to the illegal aliens in our country.Two of his family members are here illegally,his aunt was even living in subsidized housing.I want a President who wants to take America back for Americans who have worked their butts off their entire lives to make the country theirs and who respects our laws...I am not willing to give it away to lawbreakers who have no respect for it.If they left America would have a half a trillion dollars more each year for its citizens and to pay down our debt partially caused by the illegal aliens who are milking us dry. 4.2 billion dollars in tax returns to them when they don't even qualify...what could you have done with a larger tax refund or a tax break during the year. They are NOT AMERICAN CITIZENS and if the majority of AMERICANS have their way they never will be until they go home and come back legally.Arizona,Alabama,South Carolina keep fighting for your Citizens rights to jobs,less crime,less crowded schools,less taxes for welfare and medical for those who are not citizens.AMERICA FOR AMERICANS AND THOSE WHO CAME HERE LEGALLY WHO WANT TO BE AMERICANS

[Razpooten]

11:34 PM on 10/13/2011

Your rather verbose rant is baseless xenophobia - if you are concerned that an uneducated, unskilled, undocumented worker take your job, you have greater problems. As for Obama; we the majority who elected him will re-elect him.

[chevyliddle]

10:03 PM on 10/15/2011

"Your rather verbose rant is baseless xenophobia"

Using that statement too often just creates a lack of effect. Verbose blah blah blah rant blah blah blah xenophobia blah blah blah. That's how it now looks to most people reading it.

[voyager48]

02:49 AM on 10/18/2011

That must most certainly be the Royal We!

[fmirabelli]

08:16 PM on 10/13/2011

Individual states have little choice but to pass their own laws regarding immigration becasue the federal government refuses to push for any significant changes in policies.

President Obama has actually stopped the deportation of illegal immigratns already held or on the list to be deported. The goal of course is to appeal to the Hispanic population and enhance his voter gains for the 2012 election.

Sadly, this position leaves individual states without any viable policy to deal with the costs of education, healthcare and benefits given to illegal immigrants or their children born in the US.

The article also states construction jobs are going unfilled. This means the jobs were cash and off the books. Perhaps, business will now begin to realize these cash jobs can be given to citizens.

[Razpooten]

11:35 PM on 10/13/2011

Bunch of job openings in Alabama; wear comfortable clothing and be prepared to move often.

[chevyliddle]

10:05 PM on 10/15/2011

After they repealed slavery....the cotton still got picked. We European immigrants are a flexible bunch.

[Henry Torres]

03:07 PM on 10/14/2011

The Obama administration had deported about 1.06 million as of Sept. 12, against 1.57 million in Bush's two full presidential terms. This is in 2010. Here is the article. http://www.msnbc.msn.com/id/44599016/ns/politics-more_politics/t/obama-set-outpace-bush-deportations/

[FaceTheTruth00]

07:44 PM on 10/13/2011

To all the people who are claiming produce prices will skyrocket:

You do know that, for decades, Americans picked crops; and in fact many still do. According to the census bureau, there are almost as many Americans doing those jobs, as there are illegals.

Anyways, back in the day when it was mostly done by Americans, were prices really high? Were you paying 8 dollars for a head of lettuce? No, you weren't.

When illegal aliens came flooding in to agriculture market, did the price of produce plummet? No, it didn't. It didn't change at all. The only thing that did change is how much money their employers could put in their pockets.

So no, the prices of produce will not skyrocket if we put illegals out and bring Americans back in.

It's amazing how many people still fall for that "$8 head of lettuce" bs. But the pro-illegal movement knows just how to scare you. Tell you that if you get rid of them, costs will go up. There is no proof of such, but the scare tactics work on some.

[msuzye]

09:25 PM on 10/13/2011

Nor is there any truth in your saying Americans will pick the crops. Crop co-ops recently advertised for pickers. How may Americans applied. Six.....that should get all the crops picked.

Not many people want the back breaking job of picking. California's crops would rot in the fields waiting for American pickers.

[karmabites2011]

10:12 PM on 10/13/2011

Now who is actually telling an untruth. It is ILLEGAL to hire an undocumented worker in California. Period.

[IMac]

02:11 AM on 10/18/2011

Whatever it takes to get rid of illegal aliens, Americans will do - enough said!

[Razpooten]

11:36 PM on 10/13/2011

Source please. When did "americans" (Mexicans are Americans) pick crops?

[FaceTheTruth00]

07:17 PM on 10/13/2011

"If businesses knowingly employ undocumented immigrants, they could face losing their licenses."

------------------------------------
Good.

[BDas]

07:53 PM on 10/13/2011

I would disagree with you here.. Imagine a situation where a business has 10 legal and 2 illegal workers. These 10 would be losing their jobs over someone else's unscrupulous hiring. Like they say, there's gotta be a better way...
I run a small business and never hired an illegal employee. But Lord knows, it is so very hard to find conscientious legal workers, that this thought has crossed my mind a few times.
Cheers,
Alexander

[rubbercow]

08:39 PM on 10/13/2011

By "conscientious" do you mean terrified and easily exploited? If there is a reliance on illegal labor, the business model is flawed.

[darkwaterz29]

06:29 PM on 10/13/2011

Good idea. Go to any foreign country and find out what happens if you don't have your passport. Jail+heavy fines+deportation. Find them using any method necessary, use any ill-gotten, untaxed funds that they have, and deport them (charging them for the effort). Good job South Carolina--keep it up. We're all behind you.

[Henry Torres]

03:09 PM on 10/14/2011

It is actually not that serious. I lost my passport in Mexico the police officer actually gave me a ride to the American embassy.

[adv08840]

05:26 PM on 10/13/2011

To all you people that want to blame Obama for this, get real. While he has done nothing about the problem, neither did Bush. And so far during the debates, I have not heard any of them with a solution either. In 2008 Romney was all about getting rid of them all. He is not saying that this time around.

[FaceTheTruth00]

07:19 PM on 10/13/2011

The reason why people are blaming Obama and not Bush is because Obama's administration is suing every state that is trying to crack down on illegal immigration.

Am I saying that it's 100% right to blame Obama? No I'm not. Most of the blame falls on the illegal invaders and the people who profit from employing them. But, Obama is not doing himself or any of the rest of us any good by suing states who are trying to get a real handle on the illegal alien problem.

[se72748]

07:44 PM on 10/13/2011

All of the blame falls on those who employ the illegals.They would not come here if there were no jobs.You want to end illegal immigration,put the illegal employers in jail.No jobs ,no immigrants,its that simple.

[Razpooten]

11:40 PM on 10/13/2011

Obama is not defending the immigrants; his administration is keeping states from establishing unconstitutional laws - this kind of laws target any citizen who does not "look american."

[goldfox]

04:25 PM on 10/13/2011

Actually if all of the 8 million adult illegals were allowed amnesty and permitted to work openly, they would all be paying into the Social Security, Medicare and Federal and State Income Taxes, helping the US reduce the deficit.

[Guy Fratianni]

04:35 PM on 10/13/2011

Sorry too logical, no soup for you. This is what Bush proposed.

[Vivicca Whitsett]

05:35 PM on 10/13/2011

Did it work when we granted amnesty previously? No. Its just rewarding bad behavior. Deport all illegals and let the world know that we will not tolerate people illegally entering, illegally over-staying visas and illegally working for corporations.

Heavily fine and impose jail sentences for any one who knowingly hires illegals. This has got to stop.

[Murphy4USA]

06:42 PM on 10/13/2011

F & F & F & F Bravo well said..........

[FaceTheTruth00]

07:22 PM on 10/13/2011

You are absolutely right. Amnesty has been tried and failed. Not only that, it only encouraged more illegals to come here, because they figured if amnesty happened once, it could/would probably happen again.

Amnesty does not work.

We absolutely need to start handing out big fines to employers, and as you said, the threat of real jail time. Because, even with fines, some will continue to roll the dice and take their chances with getting caught. If we start telling them that if they get caught they will face 5 years in prison, I bet they will change their tune pretty quickly.

[elgeezr]

04:15 PM on 10/13/2011

Finally! The South has risen. They are now leading the North, East, & West. Showing all of us how to handle the unwanted illegal aliens. Good for all of them! Keep fighting!

[Guy Fratianni]

04:26 PM on 10/13/2011

Ask the Alabama farmers what's happening to their crops.

[Vivicca Whitsett]

05:36 PM on 10/13/2011

Well now those same farmers will just have to pay LEGAL workers a decent wage. They can afford with the amount of federal assistance farmers receive. smh

[Razpooten]

11:46 PM on 10/13/2011

And how many of the irate "they-are-taking-our-jobs" bunch have gone to apply?

[CrestedSparrow]

04:41 PM on 10/13/2011

And they will fall AGAIN.

[jimfurl179]

04:10 PM on 10/13/2011

For all the geniuses who see nothing wrong with illegal immigration, let me ask a simple question. If this was the cream of Mexican society, the best workers, crossing into America illegally; wouldn't Mexico be building a wall to stop it???

[Guy Fratianni]

04:27 PM on 10/13/2011

So you think Mexico has the funds to build that wall even if they wanted to? We have the funds why haven't we built a wall to keep them out?

[chevyliddle]

07:22 PM on 10/13/2011

Mexico's building a wall....just on the wrong border.

http://ipsnews.net/news.asp?idnews=52838

[se72748]

07:48 PM on 10/13/2011

Mexico is using illegal immigration as a relief valve against possible mexican civil unrest.

[seegray]

10:38 PM on 10/13/2011

The cream of Mexican society doesn't have to come here illegally....they can afford the cost of visas quite easily. I live on the border and can tell you for a fact that the upper class have largely moved across the river...so, obviously Mexico isn't really concerned about the loss of them either.