S.C. DOT gets jump on reform

The state Department of Transportation will start making contractors promise they're not hiring undocumented workers almost a year before a new state law requires it.

New DOT contracts will require companies that get state road projects to promise they are in compliance with the South Carolina Illegal Immigration Reform Act, DOT Chief Counsel Linda McDonald said Friday.

Gov. Mark Sanford signed the law in June. One of the provisions is that employers must verify the immigration status of new workers. That part of the law takes effect next summer for larger companies.

DOT will start using the new contracts within the next month, McDonald said. The new law only affects new contracts, she said.

"We are being proactive," McDonald said in an e-mail.

Contractors working for DOT to widen Interstate 26 and Dorchester Road in North Charleston could not be reached for comment Friday, but those contracts are already in place.

Joel Sawyer, Sanford's press secretary, praised the decision.

"We're certainly pleased that they're implementing the policy early," he said.

So did several lawmakers.

"Contractors who follow the law are at a disadvantage," said Sen. Chip Campsen, R-Isle of Palms. "I applaud (Transportation Secretary) Buck Limehouse."

"I think it's a good move for the American worker," said Sen. Clementa Pinckney, D-Ridgeland.

Rep. Seth Whipper, D-North Charleston, who did not support the immigration bill, said he had mixed feelings. "I think DOT is within their purview to control the conditions of their contract," he said. "One of the things we're reckoning with in this country is the status of illegal immigrants. To hold employers responsible is a fair way to start dealing with this problem."

But Whipper also said, "The bill doesn't have any measures to protect anyone from the bad consequences of racial profiling. To me it was fraught with opportunities for passions to get out of control, and that's not a good thing for our community."

Rep. Leon Howard, D-Columbia, chairman of the Legislative Black Caucus, was more critical.

"I don't think this is being proactive," Howard said. "I think this is another stumbling block to small businesses. I'm for the legislation, but small businesses need some time to get themselves acclimated."

Diana Salazar of North Charleston, president of the Latino Association of Charleston, also said she was concerned about DOT's move.

"To me it's more profiling before the law is even implemented," she said. "These folks work very hard and long hours. Everybody knows this. What's the big concern?"

Sen. Larry Martin, R-Pickens, said Limehouse agreed to change the contracts after Martin called him earlier this week.

Martin said he called Limehouse after a man who was arrested and charged with murder turned out to be an undocumented worker driving a truck owned by a company maintaining the grass along state highways.

"In the heat of summer, that puts people's blood at the boiling point," Martin said. "It's pretty obvious that some care ought to be taken with people who are doing business with the state."

That was when Limehouse agreed to change the contracts early, Martin said.

Reach Dave Munday at 745-5862 or dmunday@postandcourier.com.