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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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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Given the many questions I've received regarding the effect of the Dorchester County Business LIcensing Ordinance, I've decided to post the interpretation of the legislation assembled by myself and Amanda Newell for our presentation to the Dorchester - Summerville Chamber of Commerce.  The Ordinance, which is scheduled to go into effect on July 1, 2007 (assuming funding is available and barring any federal injunctions), will require compliance by both new business license applicants as well as current business licensees. 

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On June 7, 2007, after two failed votes to invoke cloture, Senator Harry Reid withdrew S. 1348 (the "Grand Bargain" immigration reform bill) from consideration in front of the Senate.  This is terribly disappointing considering the time and effort put into lobbying for this legislation. So where does this leave comprehensive immigration reform?

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Earlier today the group of bi-partisan senators who have been working for weeks behind closed-doors to reach an immigration compromise announced that they have come to an accord.  The proposed immigration system would effect all aspects of immigration law and provide the much anticipated 'path to citizenship' for undocumented immigrants currently in the U.S. The plan's provisions have been outlined as follows:

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Congressmen Jeff Flake (R-AZ) and Luis Gutierrez introduced the  STRIVE Act of 2007 on March 22.  STRIVE, a comprehensive immigration reform bill, includes provisions for earned legalization for undocumented workers who pay a fine and pass a thorough background examinations.  Applicants who do so would be eligible for conditional status with work and travel authorization for 6 years. If, during those six years, the worker remains employed, continues to be an upstanding member of the community, learns English and civics, and pays any owed taxes, they could be eligible to adjust their status if they leave the country and re-enter legally.  STRIVE also includes provisions to create a new low-skilled worker program allowing for a 3-year stay, improve boarder control, strengthen interior enforcement of immigration laws, require stricter employer control over employment verification, mandates tougher penalties on employers who hire illegals, and overhaul the family based and employment based green card programs. But some critics don't think that STRIVE will make it to the President for signature.

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President Bush's latest trip to Mexico for a meeting with Mexican President Felipe Calderon has provided hope to both immigration attorneys and their clients in the low country.  According to news reports of the visit, President Bush has promised Calderon that he will continue to push immigration reform in the U.S. and believes we will see new immigration legislation as soon as August of this year. 

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Over the past few weeks, South Carolina's lawmakers have been redoubling their efforts at writing restrictionist immigration legislation.  Currently, the bills listed below are pending debate by the South Carolina House Constitutional Law Subcommittee:

H. 3068:  Enact the Illegal Immigration Reform Act sponsored by Rep. Viers
H. 3148:  South Carolina Immigration Compliance Act of 2008 sponsored by Rep. M.A. Pitts
H. 3025:  Requirements for Providing Immigration Assistance sponsored by Rep. Viers
H. 3026:  Nationality Of Persons Charged With Felonies sponsored by Rep. Viers
H. 3029:  Federal Work Authorization Program sponsored by Rep. Viers
H. 3032:  Creation of a Study Committee Relating to The Presence of Illegal Aliens in This State sponsored by Rep. Viers
H. 3060:  Enact the Illegal Aliens and Public Employment Act sponsored by Rep. Ceips
H. 3141:  Enact the Omnibus Security and Immigration Compliance Act sponsored by Rep. Davenport

H. 3149:  Unlawful for Illegal Alien to Receive Food Assistance Payments

And the debate over how to handle South Carolina's undocumented immigrant population is not limited to the State Legislature - several counties have already had a crack at writing ordinances targeting undocumented immigrants.

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A new bipartisan compromise on farm-worker immigration policy is currently under consideration by the House and Senate.  The Agricultural Job Opportunities, Benefits and Security Act of 2007, S.237 and H.R. 371 (nicknamed "AgJOBS") would provide a two-step program allowing undocumented farm-workers who can prove that they've been working in agriculture for at least 863 hours or 150 days in the U.S. during the 24-month period ending on December 31, 2006.  Such a program could dramatically relieve the stress currently on South Carolina farmers trying to stay legal AND remain economically viable.

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Having been confronted so often with questions as to what the rights of undocumented immigrants are and which services they can utilize, I've decided to compile a list of rights and services for which these individuals are eligible.

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It was recently pointed out to me that moving to the U.S., even from a third-world country, would be a daunting and dangerous experience.  At first blush, this proposition seems absurd - individuals in the U.S., legal and illegal, have easy access to food, clothing, shelter, and a secure police force.  But really understanding the cultural and socio-economic differences between native-born citizens and immigrants, I began to realize that dangers which would seem obvious to the average citizen or long-term resident are very real for immigrants.

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It seems that one of the major issues opponents of immigration reform have is the "economic drain."  For the most part, there hasn't been too much complaining about the hardworking, inexpensive labor force that immigrants provide.  But when the issue of legalization versus stricter immigration enforcement arises, people start worrying about their pocket books.  One of the most consistent arguments I hear against legalization is the "economic drain" argument.  Some U.S. citizens have expressed a real fear that Mexicans and Central Americans are draining our economy by earning money in the U.S. and sending it home to their families, using state provided free health care,  and not paying income taxes.  Given that many illegals have families in their home countries for whom they are the sole support coupled with the fact that, without a Social Security number, most banks wont give illegals an account, it is not unreasonable to fear that more money might be drained from our economy than is generated as a result of our illegal workforce.  Moreover, it is true that most illegals don't have health insurance and are paid off the books.  However, a hard look at the economics of the situation reveal that despite all of these arguments, immigrants contributed to our economy far more than they take.

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Immigrants in South Carolina have traditionally been considered an "invisible population." For the most part, South Carolinians have been fairly unaware that immigrants are an essential component to the South Carolina economy.  However, it is estimated that there are currently between 36,000-75,000 illegal immigrants in South Carolina.  Numbers like these beg the question, "where is everybody?"  Well, many of these people are out in the fields working on South Carolina farms.

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