An illegal immigration law is headed back to the House for final changes or concurrence.
The Senate, led by Pickens’ Larry Martin, hurridly make some changes to bring S.20 into line with recent federal rulings.
The Supreme Court in its rulings made it very clear that the state is preempted from even looking at documents associated with employment and enforcement of unauthorized aliens in employment settings, because the state has no authority to look at those documents in the first place. So e-verify is what we’re going to have to do, and that’s what the bill requires.
Senator Martin says they new version of the law actually goes easier on businesses:
It’s not a “Gotcha!” type thing. If you’re found out of compliance, the state will bend over backwards to get you in compliance without any sanction. It’s only when you, as a businessperson, say, “Look, I’m not complying. I want to be able to hire whomever under whatever circumstances I want.” Then, if you refuse to comply with the e-verify mandate, then we will have to impose license suspension up to revocation.
South Carolina’s version of the bill tries to keep the burden of immigration enforcement out of the hands of local law enforcement. Officers will notify federal agencies if a suspect does not have documentation or a driver’s license.
We took steps to make sure that law enforcement aren’t just out pulling people over or stopping people on the side of the road just because of a suspicion based on the way they look. That will not fly.
Martin says after lawful inquiry, the inability to produce proof of legal residence in the country can be charged as a state misdemeanor. However, it is not reason for state law enforcement to detain the individual.
The House is set to take up the immigration bill when it returns Tuesday.