16 Latin American Nations Join Lawsuit Against S.C.

From The Associated Press:

By Jim Davenport

Wednesday, November 9, 2011

COLUMBIA — Sixteen Latin American and Caribbean nations on Tuesday asked to join the U.S. Department of Justice’s lawsuit against South Carolina’s new illegal immigration law amid fears it would lead to their citizens facing state-sanctioned discrimination.

Mexico, Honduras, Brazil, Ecuador and Chile were among the nations filing papers Tuesday, asking to join the litigation filed by the Justice Department last week in Charleston.

In the complaint, federal lawyers asked the court to stop the state from enforcing a law that takes effect in January. The measure would require law officers who make a traffic stop to call federal immigration officials if they suspect someone is in the country illegally. The measure bars officers from holding someone solely on that suspicion. Opponents railed against the measure as encouraging racial profiling.

The nations state in their filings that their relationships are with the United States and that relationship should not be affected by what states do. They’ve filed similar challenges to Alabama’s new law. Mexico said it “has an interest in protecting its citizens and ensuring that their ethnicity is not used as the basis for state-sanctioned acts of bias and discrimination.”That was a view shared in a separate request to join the litigation by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru and Uruguay.

Lawyers filing the papers referred questions to the Mexican embassy in Washington.

In a subsequent statement, the Mexican government said some of the law’s “provisions would criminalize immigration and could lead to the selective application of the law. Its enforcement could adversely affect the civil rights of Mexican nationals living in South Carolina or visiting that state.”

Mexico said it would “continue to make use of all available means and channels in order to firmly and immediately respond to any violation of the fundamental rights of Mexicans, regardless of their immigration status.”

South Carolina’s law also mandates that all businesses use an online system the U.S. government runs to check their new hires’ legal status. If they knowingly violate the law, they can lose their business license.The Justice Department argued Monday that only the federal government has the constitutional authority to enforce immigration laws.

The law also makes it a felony to create fake identifications or harbor illegal immigrants, which U.S. Attorney Bill Nettles in South Carolina said violates people’s right to due process and is unconstitutional.

The Justice Department is challenging similar laws in Alabama and Arizona and is reviewing them in Utah, Indiana and Georgia.

They argue the state laws divert resources from efforts to fight terrorism, drug smuggling and gang activity and will bring harassment and detention of foreign visitors, legal immigrants or U.S. citizens who can’t immediately prove their legal status.

But supporters say the state laws wouldn’t be necessary if the federal government would do its job of enforcing the law.

Rob Godfrey, Gov. Nikki Haley’s spokesman, said Tuesday that the governor wouldn’t back down in the face of lawsuits and challenges.

“The governor’s job is to protect the citizens of South Carolina. That’s what she’s doing, and she isn’t going to stop no matter who decides to sue her, whether it be the unions, the ACLU, DOJ or anyone else,” Godfrey said.

SC Appleseed Joins Suit Against S.C.’s Anti-Immigrant Law

Class-Action Lawsuit Filed in the Wake of Crisis in Alabama as a Result of Similar State Immigration Law

October 12, 2011

CHARLESTON, S.C. ― South Carolina Appleseed Legal Justice Center and a coalition of civil rights groups today filed a lawsuit against South Carolina’s anti-immigrant law, charging it is unconstitutional, invites racial profiling and interferes with federal law.

Today’s complaint was filed two weeks after a similar anti-immigrant law went into effect in Alabama, where families have been afraid to leave their homes and individuals have been stopped and questioned about their immigration status.

The lawsuit charges that the law, SB 20, subjects South Carolinians – including U.S. citizens and lawful permanent residents – to unlawful search and seizure and interferes with federal power and authority over immigration matters. The law requires police to demand “papers” demonstrating citizenship or immigration status during traffic stops when they have “reasonable suspicion” that a person lacks immigration status and criminalizes South Carolinians for everyday interactions with undocumented individuals, such as driving someone to church or renting a room to a friend.

South Carolina’s law, which is slated to take effect Jan. 1, was inspired by Arizona’s notorious SB 1070. Federal courts have blocked implementation of key provisions of Arizona’s law, as well as similar laws in Indiana and Georgia. A federal judge in Alabama recently allowed key provisions of its anti-immigrant law to take effect, leading to devastating humanitarian and economic consequences throughout the state. The coalition also has a pending case against Utah’s anti-immigrant law.

The coalition in the South Carolina case includes the ACLU, the ACLU of South Carolina, the Southern Poverty Law Center, the National Immigration Law Center, the Mexican American Legal Defense and Educational Fund (MALDEF), the South Carolina Appleseed Legal Justice Center, LatinoJustice PRLDEF and the law firms of Rosen, Rosen & Hagood and the Lloyd Law Firm.

Andre Segura, staff attorney with the ACLU Immigrants’ Rights Project, said: “This lawsuit is the latest in our ongoing fight against these unconstitutional laws. In recent days, we have seen the destructive results of a similar law in Alabama, and the people of South Carolina should not face the same fate. This draconian law must be blocked, as it tramples our American values, interferes with federal laws and risks turning South Carolina into a police state.” (more…)

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