On October 31, the United States Department of Justice challenged South Carolina’s recently passed immigration law in federal court.
According to the Justice Department press release, certain provisions of South Carolina immigration law, known as Act No. 69, as enacted by the state on June 27, 2011, are “unconstitutional and interfere with the federal government’s authority to set and enforce immigration policy”. “The Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country. South Carolina’s law clearly conflicts with the policies and priorities adopted by the federal government and therefore cannot stand.”
The U.S. Justice Department maintains that “South Carolina’s law is designed to further criminalize unauthorized immigrants and, like the Arizona and Alabama laws, expands the opportunity for police to push unauthorized immigrants towards incarceration for various new immigration crimes by enforcing an immigration status verification system. Similar to Arizona’s S.B. 1070 and Alabama’s H.B. 56, this law will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as terrorism, drug smuggling and gang activity, and those with criminal records. In addition, the law’s mandates on law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.”
According to media reports, the law, which is set to take effect January 1, 2012, requires police to check the immigration status of everyone they detain and to detain for a “reasonable” time those suspected of being in the United States illegally. The legislation also makes it a violation of state law for a foreigner to fail to carry his or her immigration papers and for anyone to transport or harbor illegal aliens. A spokesman for South Carolina Governor Nikki Haley (R), who signed the measure into law in June 2011, said she would resist the federal government’s effort to block the new law.
The Obama Administration previously challenged Arizona and Alabama immigration laws as unconstitutional and overly strict. As a result, in April 2011, the most contested provisions of the Arizona immigration law were blocked from taking effect, most notably a provision that would give police the power to question anyone who they have a “reasonable suspicion” is an illegal immigrant. In October 2011, some portions of Alabama’s strict immigration law were temporarily blocked, most notably a provision requiring public schools to check the immigration status of new students and their parents, and a section that made it a state crime for illegal immigrants not to carry registration documents. However, the court left in effect a provision of the Alabama immigration law that requires police to check the residency status of people they suspect of being illegal immigrants during traffic stops, and a portion that makes it a felony for illegal immigrants to enter into “business transactions” with the state, including applying for driver’s or business licenses. The Justice Department continues to review immigration-related laws that were passed in Utah, Indiana and Georgia.
Attorneys at I.S. Law Firm have helped many immigrants to avoid deportation and legalize their status in the United States. To explore your immigration options, please contact us at 703-527-1779 or by e-mail: law@islawfirm.com.
