South Carolina Immigration Lawyer & Attorney : Carlock, Copeland, Semler & Stair : Serving Columbia, Charleston, Greenville, Myrtle Beach

In a very interesting study produced by the Public Policy Institute of California Professor Kristin Butcher, an associate professor of economics at Wellesley, and her co-author Anne Morrison Piehl have documented that native-born U.S. citizens are up to ten-times more likely to commit crimes than immigrants - legal and illegal.  The study focused on the population of the California Correctional System and went so far as to itemize the various crimes for which individuals had been incarcerated.  Interestingly, the report found that non-citizen men from Mexico aged 18-40 are 8 times LESS likely than native-born U.S. men in the same age group to be in a correctional institution.  The study also provided very interesting information regarding the likelihood of incarceration for drug-related crimes.  Given the general fear of drug-running across the U.S. border, it was surprising to read that only 54 per 100,000 immigrants were incarcerated for drug-related crimes compared to 114 per 100,000 U.S. born men incarcerated for drug-related crimes.  The study concluded generally that the widely-accepted fear that immigrants contribute to crime is largely unfounded and indicated that a U.S. immigration bill legalizing undocumented immigrants will likely NOT negatively effect U.S. crime rates. 

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While most immigration advocates have given up on any chance at reform until after the 2008 elections, the anti-immigrant debate in South Carolina is heating up.  On October 22 a meeting was held in North Charleston, SC to allow South Carolinians the opportunity to voice their opinions directly to legislators - and voice they did.  The debate, which was intended to focus in legislation currently in the South Carolina Legislature, was hotly divided as the opinions of the masses were voiced.  The Post and Courier reported that the meeting was standing room only and the very vocal crowd vacillated between bouts of applause and shouts of disapproval.  Despite the intentions of the Legislature and the variety of opinions noted both in the meeting and across the state, it remains to be seen whether the proposed legislation would even pass Constitutional muster. Indeed, the Federal Courts recently reinforced almost 150 years of Supreme Court rulings on this matter in the Hazelton, Pennsylvania decision.  Hazelton, PA represents the modern day continuation of a long line of immigration cases including:   U.S. v. Holliday, Henderson v. State of NY, the "Passenger Cases" and the "Head Money" case, all of which confirm that states have no right to regulate immigration.  As such it will be interesting to see if the S.C. legislature even bothers with the proposed legislation as it would appear to run afoul of the Hazelton decision.

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In a stunningly close vote, the Senate has voted not to pass the DREAM Act.  DREAM would have provided a path to legalization and green card status for thousands of undocumented children who have graduated high school and who qualify for college or the military.  For reasons unknown, DREAM Act supporters could not muster the votes necessary for a simple majority.  At present, it appears we'll be waiting until after the election before any major reform comes to pass.

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With the new regulations promulgated by Immigration and Customs Enforcement (ICE) regarding No-Match letters, many employers are scrambling to get their I-9 compliance up to par.  And given examples like WalMart, Golden State Fence, Swift Foods, and, most recently, Koch Foods, it's no wonder employers are worried.  Employers whose I-9 files don't comply with regulations can face extensive civil and criminal penalties - including fines from $250-$10,000 per occurrence and possible prison time.  But there are steps employers can take to ensure that they are complying with regulations.

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The Senate is set to vote on the DREAM ACT today - a piece of legislation that would provide a 6-year path to legal status for eligible high school graduates who were brought to the U.S. more than 5 years ago. In order to qualify, these grads would have to demonstrate good moral character and either graduate from community college, complete two years towards a four-year degree, or serve at least two years in the U.S. military within 6 years of registering for the program.  While it's a great piece of legislation, there are those that argue that its targeted application towards kids will leave out a large segment of the undocumented population.

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After failing to receive the crucial votes necessary to invoke cloture, the Comprehensive Immigration Reform Bill is officially dead.  Given the lateness in the legislative session and the upcoming election year, we will not see immigration reform until 2009.  So what can undocumented immigrants and employers of immigrants (undocumented and documented) expect now?

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For most employers, finding and recruiting competent, trust-worthy employees is a challenge.  Having found such an employee, many employers overlook the fact that they must maintain their vigilance throughout the I-9 proceedings as well - or risk serious civil and criminal penalties handed out by Immigration and Customs Enforcement (ICE).  All too often, employers who don't want to give up their hard-won, reliable staff attempt to "fudge" I-9 compliance issues.  Considering that in the not too distant past employers were allowed to focus on running their business without functioning as Junior Immigration Officers, this attitude is not unreasonable.  However, as ICE continues to increase both its sting operations and its raid operation, all employers must face the facts - is keeping a key staffer worth paying a huge fine?  Is it worth going to jail?

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Following President Bush's appearance on the Hill, Senator Harry Reid announced that, following the budget debates, the Senate will bring back S.1348 for consideration.  The current time table lists Wednesday, June 20th as the estimated date that debate will begin, but as the budget debates stall while members of the Senate argue over appropriations, one wonders if the momentum for S.1348 will be able to carry it though to the President's signature...

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According to the Associated Press, President Bush convened a luncheon on Capitol Hill to encourage Senate GOP members to move forward with the "Grand Bargain" immigration reform bill.  Reports state that he reiterated the boarder enforcement would be crippled if immigration reform did not pass and called for reconsideration of S.1348. 

While the President is clearly on board with CIR and Senator Reid has been quoted as stating that, "Eighty percent of Democrats support this immigration bill," it is still unclear whether the bill will be able to to amass the support necessary to make it to the President for signing.  Many fear that the Republican party's outspoken opponents to immigration reform will prevail in light of upcoming election and the president's near-lame duck status.  However, President Bush confidently announced today that he would see everyone at the bill's signing; perhaps the Grand Bargain still has a chance.

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