Progress on immigration
State Senate passes breakthrough reform plan
Immigration reform
The issue: State legislators have been wrestling over how employers verify whether a worker is in the country legally.
What happened: The Senate approved a bill that would impose fines on employers up to $10,000 for each illegally hired worker.
What's next?: The Senate agreed to give the bill automatic final approval today and send the bill to the House for consideration next week.
COLUMBIA — The state Senate broke a filibuster late Wednesday to approve a measure that would fine employers up to $10,000 for every illegal immigrant hired in South Carolina. The bill is an attempt to break weeks of deadlock with the House over immigration reform.
"The Senate passed the most aggressive illegal immigration reform bill in the nation," said Sen. Jim Ritchie, R-Spartanburg, who has studied the issue on behalf the Senate for more than two years.
The bill contains a long list of provisions that House and Senateon, such as a mandate that prisons check the legal status of criminals. The measure passed second reading on a voice vote with the provision that it will get final approval today with no debate.
What the Senate voted for Wednesday also would impose new standards for the hiring of all South Carolina workers.
Employers would be required to check a worker's legal status using a state driver's license or the U.S. Department of Homeland Security's online E-Verify. The bill offers a third option, a newly created S.C. Verify that would mirror the federal I-9 Employment Eligibility Verification Form.
S.C. Verify would be a paper alternative to federal E-Verify. The state Department of Labor, Licensing and Regulation would monitor and fine employers that hire workers whose Social Security numbers are bogus.
The highlights include:
--Identities of the workers and the employers would be turned over to state and federal authorities.
--Penalties would start at $100 per employee for negligence that would begin with poor record keeping. If an employer intentionally hires an illegal immigrant, fines would begin at $250 per employee for a first offense and rise to up to $10,000 per employee on a third offense.
While the senators were mindful of due process rights for employers, Senate President Pro Tem Glenn McConnell, R-Charleston, said the bill gets around a loophole in earlier versions. Critics opposed the inclusion of the federal I-9 form because the federal government does not endorse any consequences.
"You're hiring illegals? This state will have an aggressive monitoring and penalty system," McConnell said.
Enforcement and penalties for workers who knowingly hire illegal immigrants would kick in as soon as the ink dries on the governor's signature. Participation in the state and federal verification systems would be phased in beginning July 2009 for employers with at least 100 workers and extended to 2010 for smaller employers.
The bill is set to receive automatic final approval in the Senate today and to shoot over to the House for consideration first thing next week.
House Majority Leader Jim Merrill, R-Daniel Island, said the House will give it a full vetting. He hadn't had the chance to review the provisions of the bill late Wednesday.
"I know we will take a very measured approach to the Senate's overtures and give it every consideration," Merrill said. "I just hope they are not being a little slippery with the creation of this new verification form."
The House favors limiting employers to state driver's licenses and the federal E-Verify to check worker verification, he said. The House, though, has never taken a vote on hiring standards for private employers.
Gov. Mark Sanford was heavily critical of the Senate, and he said he is depending on the House to straighten out the bill by requiring employers to use only E-Verify or state driver's licenses.
"It's clear now that while many in the Senate talk the talk on this front, few walk the walk," Sanford said in a statement. He said Senate Republicans should have held strong against a filibuster by Democrats, and he said that by failing to take a recorded vote on the bill showed "political cowardice."
"One might suggest that the only alternative is for every voter who cares about meaningful immigration reform to hold the entire Senate accountable until individual Senators have the courage to stand up and make known what they believe."
Reach Yvonne Wenger at 803-799-9051 or ywenger@ postandcourier.com.
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Comments
This article has 10 comment(s)

Posted by BKLYNIRISH on May 1, 2008 at 9:36 a.m. (Suggest removal)
My fear is that if this manages to pass, they have screwed it up somewhere along the way. My faith in federal and state governments to properly handle the scourge of illegal immigration is waning.
Posted by JohnS on May 1, 2008 at 10:11 a.m. (Suggest removal)
What a joke $100.00 a first offense. They should make it $1,000.00 first offsene and $10,000 per after that. Also they should be arrested.
Posted by zoomru on May 1, 2008 at 10:14 a.m. (Suggest removal)
Early....
Whew!!...That mountain moved a millimeter!! It don't know if it warrants a medal; but maybe just maybe that sack of potatoes that need to be peeled for KP duty will be smaller!
HA !
Posted by zoomru on May 1, 2008 at 10:37 a.m. (Suggest removal)
Yvonne,
Examples of what is reported in UPSTATE....
The second being a video. There should be links with comments from everyone who voted and why! Not just in writing that is buried in a gov website... Just an idea?
http://www.goupstate.com/article
/20080501/NEWS/932308682
/1051/NEWS01
http://www.goupstate.com/article
/20080501/MULTIMEDIA101
/805010375/1051/NEWS01
Posted by Jerry on May 1, 2008 at 4:38 p.m. (Suggest removal)
Is a SC drivers license really a valid proof of citizenship?
I want to know IF SC is granting driving privileges to illegal aliens? If they are could that be a reason why DHS will not accept a SCDL as an approved form of ID; because SC is so sloppy?
IF a SCDL is not proof of citizenship; are they also voting with a worthless doccument?
We have to provide two forms of ID [ ss# & birth certificate ] when applying for a SC DL. Are the illegal’s granted special privileges?
When opening up a bank account we have to provide a ss# and approved ID. Are the illegal’s granted special privileges?
Is it true that when calling the bank and if you choose Spanish that you are not asked for a SS#?
A caller to a local radio talk show shared her experience at traffic court: Illegal alien involved in accident. He was at fault with no insurance. The judge ruled "$200.00 fine and the SC underinsured fund will pay to repair the damage. You can go now.” IT is cheaper for an illegal NOT to have insurance. Would we be offered the same deal?
When children are signed up for school; what form of ID's are required? Again are illegal’s granted special privileges?
Why wait until 2009 to enforce?
Overall this IS a slight movement in the right direction. But I still feel let down by our supposed representatives. Do you hear us Senator Lindsey Julio Graham?
Posted by angels_unaware on May 1, 2008 at 9:07 p.m. (Suggest removal)
When children are registered for school they are required to provide proof of age (birth certificate) and proof that they live in the attendance zone, That is federal law and that is how it should be. Children should not be punished for the sins of their parents! Many of these immigrant students are bright and motivated and appreciate the educational opportunities that they have here, unlike many American children who are disrespectful to their teachers and could care less about doing their best.
Posted by Jerry on May 2, 2008 at 4:08 p.m. (Suggest removal)
Well angels_unaware,
I think most people would be ok if YOU chose to finance the education and welfare of illegal aliens.
Its like most liberals who think there should be no limit to the tax burden placed on the PRODUCERS. Truth is LIBERALS should just volunteer more of their own income to the IRS. it IS there choice.
The problem is when people feel as though it is there right to FORCE the producers to pay more.
There is a tipping point and when reached the producers would be PUNISHED to the point that no one will produce then where is the new innovations and jobs?
Again angels_unaware, if YOU want to support illegal aliens please feel free but don’t try to spend MY money on supporting the whole third-world!!!
Posted by Jerry on May 2, 2008 at 4:13 p.m. (Suggest removal)
angels_unaware,
One more thing. Why is your post so full of contempt for American children and praise for the children of illegal aliens?
Why are liberals so self-hating?
Posted by angels_unaware on May 3, 2008 at 5:10 p.m. (Suggest removal)
I do not have contempt for American children, notice that my comment I did not say "all American children" but many. I am aware that there are bright American kids out there, especially the ones whose parents care about their education. Unfortunately, there are too many students, especially in poorer schools who are disruptive and whose parents do not support their education. Given a choice, I would rather my tax dollars pay for motivated, hard working undocumented children than any disruptive American children.
Posted by Jerry on May 6, 2008 at 10:28 a.m. (Suggest removal)
"I would rather my tax dollars pay for motivated, hard working undocumented children than any disruptive American children." - angels_unaware
I would have NO problem with YOUR tax dollars going anywhere YOU choose.
But now when people have NO choice whether their money goes to support illegal aliens is another story.
Free health care, free education, welfare; hey angels_unaware, Do you think even more millions of illegal aliens may be drawn to America?
Is there a limit to the handouts that YOU would be willing to give in support of illegal occupation?
IF they made the 14 million +/- illegal aliens, legal residences then they could bring mothers, fathers, sibilings and perhaps grandparents and I am sure their would also be arranged marriages for a Visa oh and then the families of the arranged marriage Visa holder.
Lets see that 14 million +/- could add up to 10 X or 140 million + the many children they would have. Then they could would be competing with your job at minium wage. As a matter of fact wages would be reduced to the point that the US would then also be a 3rd world country; maybe that is the goal?
angels-unaware, to be more efficient it may be better for the supporters of illegal aliens to move to Mexico and support them on their side of the fence unless the ideal is to erace the US and learn Spanish?
Common Sense; where has it gone?