"Crackdown"

The July 18th edition of GSA Business details South Carolina's new illegal immigration law in an article entitled "Crackdown."

The article follows a forum in Charleston where S.C. Department of Labor, Licensing and Regulation's Catherine Templeton and Jim Knight, along with Nexsen Pruet attorneys Melissa Azallion, Cherie Blackburn and Molly Hughes Cherry, "spoke to a packed room of business owners with a plethora of questions about the new law."

The article by Liz Segrist begins:

"South Carolina’s immigration laws are now the toughest in the nation.

Not even Arizona’s highly publicized, debated and protested crackdown can claim to be as strict, said Catherine Templeton, director of the S.C. Department of Labor, Licensing and Regulation."  Read more here.

GSA Business also included "Breaking down the new law" from information provided by Azallion.

• All private and public employers are required to enroll and participate in E-Verify by Jan. 1, 2012.
• Employers must verify a new hire’s citizenship within the first three days from the hire date.
• Employers who knowingly employ an unauthorized worker will have their employment licenses suspended for 10 to 30 days on first offense; for 30 to 60 days on second offense; and indefinitely on the third offense. Reapplying is possible after five years.
• Any alien over the age of 18 must now carry immigration documents at all times.
• The law creates the Illegal Immigration Enforcement Unit within the S.C. Department of Public Safety to enforce the law.
• Officers can ask about an individual’s immigration status while stopping, detaining, investigating or arresting a person. The person must provide acceptable identification documentation. The officer must contact ICE or the S.C. IIEU for possible detention or assistance.
• If the IIEU has been contacted, the officer must complete a form providing the age, gender, race or ethnicity of the car’s driver after a stop when no citation has been issued or arrest has been made. The information will be published on the Department’s website.
• The law creates a 24-hour toll free telephone number and website to collect and record complaints about federal and state immigration violations. The information will be kept in a centralized database and allegations will be reported to the appropriate law enforcement agencies.
• Making, selling or offering to make or sell a fake identification document for illegal aliens is a felony that could result in a $25,000 fine and up to five years imprisonment.

Nexsen Pruet's Employment and Labor Law Group is dedicated to helping businesses navigate an increasingly complex set of State and Federal immigration laws.  From compliance training to the hiring and entry of international workers, our attorneys are committed to delivering excellent client service.