Employers Still Mandated To Ask For Citizenship Status

From The Associated Press:

BY SEANNA ADCOX

Tuesday, November 8, 2011

COLUMBIA — The head of South Carolina’s labor agency said Monday that federal lawsuits challenging the state’s anti-illegal immigration law won’t affect the law’s mandate that businesses check their new employees’ legal status.

Director Catherine Templeton said lawsuits filed by the U.S. Justice Department and American Civil Liberties Union have no bearing on the part of the law her agency oversees. The two groups are asking a judge to prevent the law from taking effect Jan. 1, and to ultimately throw it out as unconstitutional. A hearing is set for Dec. 19.

But Templeton said neither lawsuit targets the requirements that all businesses run their new hires through the federal online system E-Verify, so her agency will begin enforcing those requirements regardless of what happens with provisions specifically challenged.

She contends that part is “in lock-step” with a U.S. Supreme Court decision earlier this year upholding an Arizona law putting rules on businesses. Using that May decision, South Carolina legislators tweaked a similar law they passed in 2008 as part of the larger anti- illegal immigration package they passed in June. (more…)

ACLU Promises Law Suit In Response to S.B. 20

From WYFF:

Mandy Gaither– 10:12 pm EDT June 27, 2011

COLUMBIA, S.C. — The American Civil Liberties Union has vowed a lawsuit in response to Gov. Nikki Haley’s signing of a new illegal immigration bill.

The law signed Monday afternoon requires all businesses to check their hires through a federal online system and authorizes law enforcement in the state to check a suspect’s immigration status.

“We think the bill is discriminatory and unconstitutional,” said S.C.’s ACLU executive director Victoria Middleton. “The bill mimics the unconstitutional Arizona bill 1070, but it even goes further trying to create South Carolina’s own immigration enforcement agency further interfering with federal law.”

Middleton says the law also allows racial profiling and discrimination. (more…)

S.B. 20 Update: New Provisions Considered

The Senate Judiciary Sub-Commitee on S.B. 20  met this morning to discuss the employment side of the bill. Lead by Sen. Larry Martin (R), the sub-commitee discussed this issue of imposing direct or indirect fines on businesses who employ undocumented immigrants. The sub-commitee agreed to further consider three additional provisions to include in S.B. 20: (1) All businesses within the state will use the E-Verify program as the sole method of checking immigration status, (2) Punishment for the non-compliance will be doled out in the form of license suspension or revocation, (3) this suspension or revocation will not only be reserved for employment licenses but all forms of business licenses as well.

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