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…)

Feds Target South Carolina’s Immigration Law

From The Post & Courier:

By Robert Behre

Friday, September 30, 2011

South Carolina’s new immigration law won’t take effect until January, but already the federal government and the ACLU are taking aim at it.

The U.S. Department of Justice is reviewing immigration-related laws that were passed in South Carolina, Utah, Indiana and Georgia, department spokeswoman Xochitl Hinojosa said Thursday.

“To the extent we find state laws that interfere with the federal government’s enforcement of immigration law, we are prepared to bring suit,” she said.

South Carolina’s new law would require police to call federal immigration officials if someone is suspected of being in the country illegally. State and local law enforcement also would check a person’s immigration status if they suspected that the person was not here legally. (more…)

Haley Supports Changes In New SC Immigration Policy

From The Post and Courier:

BY JIM DAVENPORT, Associated Press–Tuesday, June 28, 2011

COLUMBIA — Gov. Nikki Haley signed changes into law on Monday that grant more power to police to check whether people are illegal immigrants, a move expected to face legal challenges after similar measures were met with lawsuits in other states.

The changes in law require police in South Carolina to call federal immigration officials if someone is suspected of being in the country illegally.

And it creates a new police force to enforce a law that would also make it a felony to make fake photographic identification for illegal immigrants. People convicted of that felony could face $25,000 fines and five years in prison.

The changes tighten what already were some of the nation’s toughest measures to curb illegal immigrants living and working here.

Haley, the Bamberg-born daughter of immigrants from India, emphasized her background as she spoke to supporters and opponents at the bill signing.

“As the daughter of immigrants, I want to make everyone aware that this bill has a tolerance to it. … This is not a bill that pushes one group away for another group. This is a bill that enforces laws,” the Republican governor said. (more…)

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