South Carolina Immigration Law Draws Challenge From Justice Department

WASHINGTON -- The U.S. Department of Justice filed a lawsuit on Monday challenging a recently enacted South Carolina immigration law, following suits against similar statutes in Arizona and Alabama.

"It is understandable that communities remain frustrated with the broken immigration system, but a patchwork of state laws is not the solution and will only create problems," said Attorney General Eric Holder in a press statement.

The South Carolina law, passed in June, is set to go into effect on Jan. 1, 2012, unless it is blocked by a federal judge. Like the measures against unauthorized immigration in other states, the South Carolina law requires police officers to question the immigration status of individuals stopped for other reasons if the officers suspect them to be undocumented.

The Justice Department argues that the law, referred to as S.B. 20 and Act No. 69, preempts the federal government's "preeminent" authority over immigration, which is necessary to maintain "a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests."

The state law "will cause the detention and harassment of authorized visitors, immigrants, and citizens who do not have or carry identification documents specified by the statute, or who otherwise will be swept within Act No. 69's rigid approach of universal, undifferentiated enforcement," the lawsuit contends.

The federal government is asking the judge to temporarily block the law from going into effect while the two sides debate its merits in court.

The Justice Department sued Arizona over its immigration law, S.B. 1070, in June 2010. The department challenged a copycat law in Alabama in August of this year and has considered legal challenges in Georgia, Indiana and Utah, all of which passed their own immigration laws in the wake of Arizona's.

Justice Department officials said on a conference call that they continue to review other state immigration laws for possible legal challenges and are monitoring the situation on the ground in Alabama, where parts of its immigration law have already gone into effect.

"To the extent that other states are looking for lessons, I think the lesson is that the federal government has to remain the primary actor and director when it comes to immigration law and policy," said Assistant Attorney General Tony West. "To the extent that a state seeks to establish its own immigration law and policy, and it conflicts with federal law and makes it difficult for states and the federal government to work cooperatively in the implementation of federal law, we will not hesitate to bring suit."

South Carolina's law also faces a court battle with immigrants' rights groups, including the American Civil Liberties Union, the Southern Poverty Law Center and the National Immigration Law Center.

The Justice Department announced in September that it was reviewing the South Carolina statute for potential conflicts with federal immigration law and civil rights protections.

The offices of South Carolina's attorney general and Republican Gov. Nikki Haley did not respond to requests for comment. But Attorney General Alan Wilson said in September that he was prepared for legal challenges, the Charleston, S.C., Post and Courier reported.

"I absolutely think this law is constitutional and absolutely think South Carolina would win," Wilson said. "This is not in contrast to the federal law. ... This is in support of the law. It absolutely puzzles me that the federal government doesn't want help."

Comments

[blitznstitch]

12:56 PM on 11/02/2011

Immigration is clearly in the purview of the Federal Government. All because States want to do it and think they have a strong interest in controlling persons within their jurisdiction does not mean that they have the right to do it. Similar to people who come here illegallly from poor countries, all because they want to do it and think their poor conditions justify their illegal entry, does not mean they have the right to illegally enter. Both the States and person who immigrate here illegally are to take their medicine, deal with the unfortunate consequences of their decisions, and be told by the Federal gov't NO!

[Mason Wirsig]

10:50 AM on 11/02/2011

"License and registration..."

"Lo siento oficial, el Departamento de Justicia dice que es inconstitucional. (I'm sorry officer, the DOJ says that is unconstitutional.)"

[Viper1st]

08:30 PM on 11/02/2011

Except for U.S. Federal Immigration Law since, November 6, 1986 ~ says:

U.S.C. 8 § 1357 : US Code - Section 1357: Powers of immigration officers and employees

(a) Powers without warrant
Any officer or employee of the Service authorized under
regulations prescribed by the Attorney General shall have power
without warrant -
(1) to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering
or attempting to enter the United States in violation of any law
or regulation made in pursuance of law regulating the admission,
exclusion, expulsion, or removal of aliens, or to arrest any
alien in the United States, if he has reason to believe that the
alien so arrested is in the United States in violation of any
such law or regulation and is likely to escape before a warrant
can be obtained for his arrest, but the alien arrested shall be
taken without unnecessary delay for examination before an officer
of the Service having authority to examine aliens as to their
right to enter or remain in the United States

[mashtoe]

11:22 PM on 11/01/2011

How does a patchwork of state laws create problems?! Who does it create problems for? I can only imagine state's rights create difficulties for corporations trying to import foreign labor to drive down wages. Democrats are the main sponsors of work visas and amnesty for illegals. So I can see why they view states rights as a problem.

[unimatrix0]

12:23 AM on 11/02/2011

The problem is that companies will start to hire non-ethnic looking or sounding people for positions that require job travel if it means their employees are going to get delayed randomly on business trips and miss important meetings or flights. I doubt anyone who is white and speaks English will get delayed in SC, yet there are many illegal Canadian and European aliens in this country. We only focus on the poorest ones to the south. It is very raciest because nobody really cares about white illegal aliens. Mexicans working under the table for less than minimum wage still pay rent, bus fare, sale taxes, etc. and help make bigger profits for those who employ them. The problem with our economy is not that our tax dollars support them (a tiny % is actually spent on social programs that involve illegal aliens), but a huge % of our tax dollars are sent to Wall St., and wars we shouldn't be in. If anything, I think accepting people from Mexico is only fair, considering we screw them out of so much fresh water by making the Rio Grand basically bone dry by the time it reaches the Mexican border.

[blitznstitch]

11:52 AM on 11/02/2011

WRONG! Republicans and Democrats benefit from this current situation. Republicans benefit because their political contributors benefit from illegal cheap labor. Democrats benefit because the same political contributors want the Democrats to create a work visa/amnesty path to bring in more cheap labor. People who are hurt by this: Americans who would work these jobs. As far as seasonal farm employers go: they will need to revamp their business model to attract American employees.

[rlshf46]

07:53 PM on 11/02/2011

I can remember in the late 60's when College Students took these jobs in the summer, and earned fairly decent wages. They were tired at night, but were grateful to have the summer employment. Students now are so spoiled I am not sure they would even consider the offer.

[saint bernard mom]

05:35 PM on 11/01/2011

"The Justice Department sued Arizona over its immigration law, S.B. 1070, in June 2010. The department challenged a copycat law in Alabama in August of this year and has considered legal challenges in Georgia, Indiana and Utah," Arizona, Alabama, Georgia, Indiana, Utah, and now South Carolina! Funny, you'd think the gov't would realize that the states are having a problem with the Feds not handling this.....

[rlshf46]

08:00 PM on 11/02/2011

I agree, and have harped on this before! If the Federal Government refuses to enforce the immigration laws, and the states make their own, then they get sued?? No one is opposed to others coming to this country as long as they do it the same way our families did, and pay their share of taxes etc. rather than becoming a burden on those who do.

I can tell you why it continues. Many have found ways to get their Driver's Lic. with fake birth certificates, and they VOTE!! Nuff said! I live in one of those states and I know first hand what we are dealing with, and it is not fair to those who work hard to have their tax money used for entitlements for those who are illegal, and it is not just the Mexicans. I was shocked to read the percentage of Mexicans to the total number of illegals in this country.

[Viper1st]

05:00 PM on 11/01/2011

Time for the BHO Adm to pick up the pace of Deportations AND Incarcerations U.S. Employers hiring illegals

If BHO is Deporting un-law-abiding illegal at the rate of, 1 illegal every 79 seconds, then . . . . . . .

BHO should be Incarcerating, 1 Unscrupulous U.S. Employer who hires illegals, at the rate of 1 every 79 seconds

Checked the ICE Wedsite for a list of recent incarcerations & convictions of U.S. Employers violating, U.S.C. 8 § 1324a : US Code - Section 1324A: Unlawful employment of aliens

Found the list of convictions of U.S. Employers to be FAR LESS than impressive

http://www.ice.gov/news/releases/index.htm?top25=no&year=all&month=all&state=all&topic=16

[shorty avki]

04:33 PM on 11/01/2011

So the next basket of veggies I buy will be picked Young Repulicans? Get off those pauncy treadmills and do some work. Then you can send all the lazy brown people home.

[Viper1st]

05:12 PM on 11/01/2011

Do they taste any better, than veggies harvested using exploited cheap illegal laborers?

Cause they aren't any cheaper in the grocery store, than veggies harvested by legal means.

[sugarcreekchile]

10:26 PM on 11/01/2011

Just put those collecting welfare checks to work. There's enough of them out there to pick all the fruits and veggies the US produces.

[Viper1st]

11:18 PM on 11/01/2011

You do mean ~ the 14 million U.S. Citizens out of work, your brothers & sisters, whom are trying to provide food, clothing, shelter & education to THEIR Children without jobs

Exceeding their 26 weeks of State Unemployment Ins Benefits (safety net, but not "welfare") & further, after 26 weeks of State Unemployment Benefits, on to 73 weeks of Federal Emergency Assistance benefits

73 weeks of Federal Emergency Assistance benefits that costs those U.S. Citizens, still employed in the USA, over $60 billion a year

While ~ there are 11.2 million illegals in the USA, unauthorized to work in the USA, SCABBING U.S. jobs for half-price wages, DEPRESSING the Wage Market for ALL U.S. Workers

While 11.2 million illegals are sending over $30 billion USD out of the U.S. Economy to THEIR homelands of origin

While the children of the 11.2 million (over 850,000) are receiving U.S. Taxpayer funded FREE K-12 Education for THEIR illegal children at an annual cost to the U.S. Taxpayer of over $8 billion ANNUALLY

While the children of the 11.2 million (over 20,000_ are receiving U.S. Taxpayer funded subsidies towards post-secondary, in-state tuition at an annual cost to the U.S. Taxpayers in 11 states offering in-state tuition to illegals of over $2 billion ANNUALLY

[cave mann35]

04:24 PM on 11/01/2011

So the DOJ sues over immigration challenge, but will allow gerrymandering that leaves only one district in South Carolina competitive to African-Americans voters and candidates (http://news.bostonherald.com/news/national/south/view/20111101us_approves_new_south_carolina_congressional_district/), I wish them well in fighting this "fake" pre-approval !

[den1953]

04:13 PM on 11/01/2011

Maybe Halley would set aside some land in South Carolina and send all the illegals onto the reservations hell it worked for the American Indian? BTW anyone ask Haley about her birth certificate?

[Mason Wirsig]

11:26 AM on 11/02/2011

"Don't let Corporate America take your vote...."

[ozzysboy]

03:41 PM on 11/01/2011

(Mixed sources): DHS reported 11.5 million illegal aliens in 2006, Federation for American Immigration Reform reported 13M by 2007; Pew Hispanic Center reported 12M for 2007, 11M for 2009 and 11.2M for 2010. The peak year for the # of illegal aliens appears to be 2007 with a dip in 2009 and slight rebound in 2010. No administration/Congress back at least to 1980 up to present has effectively dealt with this issue including Reagan who gave 3M "illegals" amnesty in 1986.

Again: it does not appear that ANY President or ANY Congress between 1980 and present effectively dealt with this problem. Change the dialogue. What is wrong with our immigration system that yields numbers like those listed above independently of President or Congress? We label people as "illegal" aliens when they fail to conform to that system for "legal" immigration; on its numbers, that system if failing/broken and demand for "illegals" is the lure. Perhaps we need to revisit where we are defining the line of "legal/illegal"--not as a white wash, but rather as a truthful measure of how many extra-nationals we need within our society--in real world terms, how much, realistically, are we willing to pay for those products/services which "illegals" are providing at cheap rates? As long as we don't deal with the system in total, piecemeal approaches like AZ's benefit only the politicians.

[ConservativeChampion]

03:36 PM on 11/01/2011

Nikki Haley should tell obama and holder to go away. Since the federal government has failed to do its job, the states are trying to do it.

Per the Constitution, one of the few functions the Feds have is to protect laws of our land. They have failed.

If anything, Governor Haley may want to consider suing obama and holder for not doing the job they were hired to do.

[RobietheCat]

04:36 PM on 11/01/2011

re: "The state law "will cause the detention and harassment of authorized visitors, immigrants, and citizens who do not have or carry identification documents specified by the statute, or who otherwise will be swept within Act No. 69's rigid approach of universal, undifferentiated enforcement," the lawsuit contends."

- Question: How can you be "authorized" and not have identification documents?

The Feds have failed in their duties. And rather than fix the problem, they sue the state to prevent them from doing anything about it, either.

ps/ Hey Holder, care to explain your part in selling arms to the Mexican Cartels, and did the shoot out recently in Cabo San Lucas have anything to do with the arms you allowed to be sold into Mexico?

[nadiz6]

03:19 PM on 11/01/2011

Eric holder is a failure attorney general .He is wasting tax payer money on stupid law suits against several states that are trying to protect American workers and its limited resources from illegal immigrants. Obama administration failed to protect and seal our borders or reinforce immigration laws that are in the books .Illegal immigrants living and working in America is breaking US immigration laws and US government have the responsibility to reinforce immigration laws and protect American citizens like any other country in the world that protect its citizens . It is time to elect a New president that respect US laws and get rid of Obama and his failure attorney general

[BK1717]

03:56 PM on 11/01/2011

First of all, I'm not sure if you've heard, but Americans aren't exactly lining up to take jobs as apple pickers. Look it up. Several farmers in Alabama, where a similar law recently took effect can't find enough workers to harvest their crops. They are having similar problems in Washington State, where they don't yet have a law, but where immigrants aren't exactly welcomed with open arms. Secondly, since you conveniently seem to have forgotten, GW Bush proposed fairly reasonable immigration reform legislation and it was shot down by your heroes in the GOP. Third, do you have any American citizen friends, or loved ones who are brown-skinned? How would you feel about them getting pulled over, or stopped on the street and asked for their driver's license, or birth certificate for no other reason than their physical appearance? Also, do you actually know any immigrants? Do you know what kind of jobs most of them take and how hard they work?

[Mark Lindley]

04:51 PM on 11/01/2011

First off, there are unlimited visas for legal, foreign crop pickers. Second, the subject isn't "immigrants" it is illegal aliens. Third, what does the color of one's skin have to do with our right to enforce our immigration laws? No one gets stopped based on their looks. Stop the lies! Fourth, only 3% of illegals are picking crops. The other 97% are working jobs that Americans have always done until the arrival of cheap, illegal labor.

[Viper1st]

08:33 PM on 11/01/2011

Beg to differ ~

1) Washington has the most sympathy for illegals ~
. . a) Washington has granted over 350,000 valid Driver's Licenses to illegals since 2001
. . b) Washington grants post-secondary in-state tuition to illegals
. . c) Washington offers State Social Services to illegals

2) GWB did proposed the last Comprehensive Immigration Reform legislation to Congress in 2007 ~ defeated by the Democrats in U.S. Senate Subcommittee lead by then (D-IL) U.S. Senator, Barack Hussein Obama

3) Illegal is illegal, since Nov 6, 1986, almost 25 years ago ~ NO MATTER
. . The color of skin
. . The country of origin
. . The religious beliefs
. . The age
. . The "No Fault of My Own" brought into the USA unauthorized by others

[beckjr2000]

03:11 PM on 11/01/2011

I know it would be considered a Radical Idea by the Obama Administration and Eric Holder but how about enforcing existing Immigration Laws, stop releasing Illegals who are scheduled to be deported, quit giving Illegal Aliens Work Permits, and close off the boarder to illegals crossing.

[TaiJi2]

03:57 PM on 11/01/2011

Aren't you ignoring the reports that this administration has already deported more than any other?

[Viper1st]

04:20 PM on 11/01/2011

Good new is ~ BHO's deporting 1 illegal OUT, every 79 seconds

Bad new is ~ BHO's allowing 1 illegal IN, every 97 seconds

Very wise & extremely sucessfull Wyoming rancher once told me ~

"If you don't fix the fence first ~ you'll spend all you time & money round'n up strays"

[Mark Lindley]

04:53 PM on 11/01/2011

That is his claim but he gets no star from me since he stopped deportation orders on 300,000 of them and in fact giving them work permits with millions of Americans out of a job.

[Errant]

02:38 PM on 11/01/2011

I feel it's absurd to blame (illegal) immigrants for what ails us when all they're doing is desperately trying to find a better way of life like so many of us. And considering that the original colonists gave the boot to the people who were here before (the indians) and continued to do so for centuries, not to mention taking land from the French and Mexicans/Spanish in a number of wars, several questionable, AND the whole manifest destiny thing. . and THEN us having the audacity to get behind the "give us your tired, your poor" et cetera. . .

I don't know, I just want to bang my head on a wall.

But here's my actual point, instead of wasting time and money on a hopeless war against illegal immigrants, why don't we just target the companies and businesses, big or small, that HIRE them. Don't fine them, at least if they are willing to comply but certainly do threaten them if they don't take action to hire actual citizens.

[Mark Lindley]

04:56 PM on 11/01/2011

Stop comparing the past to the present. Most immigrants came legally long ago. We have had to set quotas for legal immigration since then due to many factors. Immigration should serve the needs of our nation not the needs of immigrants who want to migrate here.

Yes, we do need to crack down more on the employers who hire them but we also need to remove all other incentives for them to come here such as taxpayer benefits and birthright citizenship. These things will win the war on illegal immigration with Americans coming out the victors.

[Errant]

06:30 PM on 11/01/2011

Why not? Ignoring the past is a dangerous and serious error. Apparently we didn't learn anything from the Great Depression, after all.

Quotas for legal immigration? That's a very clean and sanitized way of putting one of the darker and more shameful moments of our history (like banning the Chinese, for instance even after working many to death on the railroads and other major projects). It may not be the Japanese internment camps, but still serious since the basis of our nation IS immigration.

But I know it's very difficult to forget that there's not an American alive that doesn't have an ancestor who migrated here 'legally' or 'illegally', unless of course it happens to be Native American.

We don't even need to go after birthright citizenship or taxpayer benefits if people would just stop hiring under-qualified people for less. Now, if an illegal IS getting the job, it shows that A.) he is more qualified and B.) earning the same. We already know that, in their desperation, they are more hardworking.

[nasknit]

12:30 AM on 11/02/2011

I have no problems with prosecuting the employers! It's the FEDS who won't Do It! Why does every country in the world have the right to secure their borders, except the USA?

[ChellesDroopyEye]

02:28 PM on 11/01/2011

It's absolutely pathetic that states are now having to pass laws that address illegal immigration because our inept president/congress refuse to do anything!! Make a REAL change in 2012 by voting Obama out!

[slickbottom]

02:49 PM on 11/01/2011

And don't forget to vote Congress out also since they are the ones responsible for passing legislation not the President.

[ChellesDroopyEye]

08:07 PM on 11/01/2011

Absolutely! Every single Representative and Senator needs to be fired!

[TaiJi2]

02:02 PM on 11/01/2011

These stories always drag the trolls out from their lairs.

I'm a first-gen American and I can't understand what is wrong with checking, and dealing with, the status of every single person the police interact with: offenders, witnesses, victims - you name it.

By the same token, I also can't understand how, when it is blatantly obvious that large sectors of our economy have relied on migrant laborers for decades and must continue to do so for the foreseeable future, we still don't have a means for such laborers to easily and legally fill that need.

I'd rather see easy access to work visas for low-skilled workers than the H1-B (and other) programs for high-skilled workers, because there's no future competitive threat from a strawberry picker.

[Ladder 1]

02:36 PM on 11/01/2011

By the same token, I also can't understand how, when it is blatantly obvious that large sectors of our economy have relied on migrant laborers for decades and must continue to do so for the foreseeabl­e future, we still don't have a means for such laborers to easily and legally fill that need.

===================================================================
Complete myth! In 1986 there were 3 million illegals. Are you saying we needed 20 million back then to fix theeconomy? Or they were doing all those low wage jobs then?

[TaiJi2]

02:59 PM on 11/01/2011

In that case, could you please point me to the easy visas for agricultural workers?

[cigi]

03:39 PM on 11/01/2011

If they will do the lousy jobs for less than an American citizen, you are damned straight we need them. Illegals save Corporations and businesses of all sizes a ton of money every year and they stick it right in their pockets, not even investing in the person or their healthcare. Thus, the rest of us pick up that load and we are guilty as hell, because we want everything on the cheap now days. Americans have bought into the Walmartization of this country. Our economy and wages are in a race to the bottom. However, I don't demonize the illegals for their part as they just want to make some money to live, after all, NAFTA screwed them and now we want to kick them out because we hit a rough patch in this country. Lots of room for blame in this fiasco.

[Viper1st]

02:57 PM on 11/01/2011

1) U.S. Federal Immigration Law, since Nov 6, 1986, nearly 25 years ago ~

U.S.C. 8 § 1357 : US Code - Section 1357: Powers of immigration officers and employees

(a) Powers without warrant
Any officer or employee of the Service authorized under
regulations prescribed by the Attorney General shall have power
without warrant -
(1) to interrogate any alien or person believed to be an alien
as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering
or attempting to enter the United States in violation of any law
or regulation made in pursuance of law regulating the admission,
exclusion, expulsion, or removal of aliens, or to arrest any
alien in the United States, if he has reason to believe that the
alien so arrested is in the United States in violation of any
such law or regulation and is likely to escape before a warrant
can be obtained for his arrest, but the alien arrested shall be
taken without unnecessary delay for examination before an officer
of the Service having authority to examine aliens as to their
right to enter or remain in the United States;

2) Low-Skilled Work Visas ~ already exists, called the H2A Visa a.k.a. "guest worker" program ~
http://www.laborquest.com/h2a.html

[TaiJi2]

03:54 PM on 11/01/2011

Thanks for that.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=889f0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=889f0b89284a3210VgnVCM100000b92ca60aRCRD

So we can see from this that, like the H1-B, it is the responsibility of the EMPLOYER to apply for the visas. WikiP reports that out of over a million visa'd workers, only 30k, or 3%, are H2A (compared to over 650k H1-B's). Seems like the employers don't find these visas easy to use.