Companies preparing for new law
By Diane Knich
Previous story
Reforms on immigrant workers take effect January 1st, published 12/15/08
Local companies are preparing to quietly comply with a new state law that will require many private businesses to verify the residency status of their workers or face fines and loss of their business licenses.
The law, aimed at curbing illegal immigration, kicks in July 1. It requires private companies with more than 100 employees to verify the legal status of new employees by requiring proof of either a South Carolina driver's license or identification card or a license from another state with equally strict eligibility requirements. Companies also can use the U.S. Department of Homeland Security's online E-verify system.
The requirements are part of the South Carolina Illegal Immigration Reform Act, which the General Assembly passed last year. The first phase of the act went into effect Jan. 1 and required public employers and government contractors to begin verifying the legal status of new hires.
Companies face fines of up to $1,000 for each offense, and suspension or loss of their business licenses for repeat offenses. The law will be enforced through random auditing by the state Department of Labor, Licensing and Regulation.
Pennie Bingham, vice president of business development for the Charleston Metro Chamber of Commerce, said that overall, local companies are prepared to take on the extra administrative burden. But it's difficult for most to say how much of a hardship it will be until they start doing it, she said.
The chamber's position on the state law is "anything related to immigration should be done on the federal level and nothing by state legislators," Bingham said.
Local businessman Robert New said area employers will comply with the state law, but they are hoping for a larger change on the federal level before July 2010 that would make the state law moot. On July 1, 2010, all private companies with fewer than 100 employees also will be required to follow the strict verification process.
New has assisted the Hispanic Organization for the Pursuit of Equality, a group that helped people with immigration issues. He said that in the current economic downturn, smaller companies simply aren't hiring many new employees. But it will be difficult for many to function without immigrant labor after the economy rebounds.
"The reality is the recession will end and not every illegal will go home. There has to be a policy that reflects some sanity, and that will probably come from the federal level," he said.
New also said complying with the new law will be confusing for many companies because in some ways, it conflicts with federal law.
Lee Depret-Bixio, a labor and employment attorney with the Ogletree Deakins law firm, agreed. She's been working with clients to help them
comply with the law, but it won't be easy for them, she said.
For example, she said, some companies object to using E-verify because then they must allow the federal government to access their employment records. But under state law, a company choosing not to use E-verify, must ask a prospective employee for a driver's license. Under federal law, however, the employer can't request a specific identification document. He has to hand the person a list of acceptable documents and allow him to present one of them.
New said the state law simply isn't the answer to immigration and labor problems. There's a lot of work here that a lot of people just don't want to do," he said.
The law will make it tough on small companies when the economy improves, he said. "It's a blood-and-guts issue for a lot of small employers in the state," New said.
Reach Diane Knich at 937-5491 or dknich@postandcourier.com.
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rebcsc (anonymous) says...
With South Carolina's unemployment rate now over 12% you would think these people would be more concerned about assisting immigrants who are here legally as well as South Carolina natural born legal residents. Bus fare home sounds like the most reasonable and humane assistance for those who are here in violation of the nation's immigration laws. I commend the state for taking action in the interest of its citizens when the federal government fails so miserably. My only question is why string out the process over so many years?
I dislike people who break in line as well as those who facilitate the process and have no sympathy or patience for either.
June 20, 2009 at 4:46 a.m. ( permalink | suggest removal )
Tides (anonymous) says...
"Private companies with MORE than 100 employees" .....that's the loophole that our corrupt state elected leaders intentionally made.
Most of these businesses that hire ILLEGALS do NOT employ more than several dozen at BEST! Our government leaders are playing and lying to all of us (not the first time). And they KNOW IT!
June 20, 2009 at 5:51 a.m. ( permalink | suggest removal )
Tides (anonymous) says...
"Lee Depret-Bixio, a labor and employment attorney with the Ogletree Deakins law firm, agreed. She's been working with clients (illegals) to help them <<<<<< Help them??? Merely a Hungry Attorney looking to MAKE MONEY anyway they can. That's the BOTTOM line here!!!!
June 20, 2009 at 5:53 a.m. ( permalink | suggest removal )
berthelot (anonymous) says...
Tides, keep reading.
"help them comply with the law, but it won't be easy for them, she said."
And if she were working to help the illegals it would probably be pro bono. Not all lawyers are what you think.
June 20, 2009 at 7:03 a.m. ( permalink | suggest removal )
mauer (anonymous) says...
HELLO, DOES ANYONE KNOW THE LAW, THEY BROKE IT AND THEY SHOULD PAY, END OF STORY.
BUT I GUESS MONEY ALWAYS OUT WEIGHTS THE LAW.
OUR ELECTED OFFICIALS ALWAYS FEEL THAT THE LAW WILL NOT APPLY WHEN IT COMES TO MONEY AND OR RE-ELECTION ( ONE IN THE SAME ) FOR THEIR OWN PURPOSE.
THEY COULD CARE LESS ABOUT THE LEGALS IN THIS COUNTRY. THE ILLEGALS HAVE MORE RIGHTS AND OPPORTUNITY THAN THE LEGALS.
MAY GOD BLESS THIS COUNTRY WE NEED IT SO BAD!
June 20, 2009 at 7:20 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
I'm guessing, a dem legislature would not have passed a law at all. I see through it, a dem-lite legislature passed a law that would not affect their supporters with a hole as wide as our southern border is long. I expect, a government that cared about its citizens more than its own interests to have prevented illegal entry in the first place and to prosecute abettors of any size vigorously.
June 20, 2009 at 7:53 a.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
'The law, which kicks in July 1, requires private companies with more than 100 employees to verify the legal status of new employees by requiring proof of either a South Carolina driver's license or identification card or a license from another state with equally strict eligibility requirements.'
This will do nothing to the small private 'companies' that hire day workers 2 - 10 at a time. Like the lawn and construction folks that I see every morning on my way to work, picking up help at the corner of Ashley Phosphate & Stall Road. They pay cash.
But it is a start.
June 20, 2009 at 7:57 a.m. ( permalink | suggest removal )
zekemire (anonymous) says...
Read on guys! AFTER 7/01/2010, ALL COMPANIES WILL HAVE TO COMPLY, EVEN ONE WHO HIRES 1 WORKER! This is a start. Now let us arrest and deport all these criminals here illegally, and, arrest, fine and imprison all those helping them avoid the law! That includes, lawyers, doctors, clergy, churches, radical immigrant organizations and all others!
June 20, 2009 at 8:18 a.m. ( permalink | suggest removal )
BBBP (anonymous) says...
Yes.. a big hole in the law...It should be ANY employer who hires ILLEGAL aliens will be prosecuted!
If you can't do the time, DON'T do the crime!
The USA has fallen into the hands of the evil one and we are on a slow boat to he!! (2 Chronicles 7:14) But don't worry illegals, the corrupt Congress and their leader will be there to rescue you soon enough!
Wish I had a passport and the $$ to live in Costa Rica...I would gladly leave if that were possible...giving the illegals a little more room.
No matter how hard we fight it...as long as the Dems and Obama are in power...we will have a corrupt society. The Reps were not much better..but WE can improve that party if all would WORK at it!
June 20, 2009 at 8:33 a.m. ( permalink | suggest removal )
shoelaces (anonymous) says...
This will probably work as well as the CCSD verifying addresses for students to attend schools out of their district.
People will figure out a way to lie or "bend" the facts to suit their needs. And if they get caught...FINE them!!
June 20, 2009 at 8:49 a.m. ( permalink | suggest removal )
metallic (anonymous) says...
Wow! I see the xenophobes are out in full force today.
I guess they can all celebrate (in their own insecure, fearful way) the new government intrusions into private business.
I celebrate all citizens of this world who are willing to WORK for a living.
As a country and a state, we should be welcoming ALL hard-working people with open arms, not implementing new laws that pander to the xenophobic fears of those (losers) who happened to have been born here.
June 20, 2009 at 9:51 a.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
metallic, take a break from your left wing use of the PC duct tape term xenophobe, your an idiot.
These are NOT US citizens, and this is the USA not a one world community. While you 'celebrate all citizens of this world', US legal citizens are looking for work.
It is the constitutional duty of the State and Federal government to protect its citizens and our national sovereignty, that is NOT government intrusion into private business.
June 20, 2009 at 10:11 a.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
metallic, I too celebrate all citizens of this world who have come here, since we became a nation. They were willing to WORK hard to go through the USA's citizenship process.
They come here from all over the world, sacrifice much, wait their turn, learn English, assimilate into our society, get a job, work and pay taxes, it is the legal process.
You seem to support the illegal immigration process. The process that spits in the face of the millions that have come to this nation the legal way. The process that tells those that followed the rules they are fools & dopes.
Of course that is the way of the leftist, screw the rules, property rights, national pride, national sovereignty, and of course screw the rule of law.
There is a legal process, illegals need to go home, and get in line and companies that hire them are BREAKING THE LAW and should be punished.
"The citizenship process is outlined below. Please keep in mind that depending on where you file your application, the period of time between filing out the application and the interview can vary from 5 months to more than 2 years!
Complete your application
Get two photographs of yourself taken
Collect all the documents described in the instructions given to you by our system
Send your application, documents, and fee to the appropriate U.S. of Citizenship and Immigration Services Service Center
Getting Fingerprinted
Receive an appointment letter from U.S. of Citizenship and Immigration Services
Go to the fingerprinting location
Get your fingerprints taken
Mail additional documents if U.S. of Citizenship and Immigration Services requests them
Wait for U.S. of Citizenship and Immigration Services to schedule your interview
Being Interviewed
Receive an appointment for your interview from the U.S. of Citizenship and Immigration Services
Go to your local office at the specified time
Bring identification and provide additional documents if U.S. of Citizenship and Immigration Services requests them
Answer questions about your application and background
Take the English and civics tests Receive a decision
Taking the Oath
Receive a ceremony date from the U.S. of Citizenship and Immigration Services
Check in at the ceremony
Return your permanent resident card
Answer questions about what you have done since your interview
Take the naturalization oath
Receive your Certificate of Naturalization
http://www.uscitizenship.info/process...
The seven basic requirements
Be a permanent resident for five years having a continuous residence in the United States
Having a physical presence in the United States
Having the required time within the USCIS district or State
Having a good moral character
Having sufficient English and
Declaring attachment to the U.S. Constitution
Or we could do it your way, sneak across the border in the dead of night.
June 20, 2009 at 10:37 a.m. ( permalink | suggest removal )
metallic (anonymous) says...
"Chicago Thug" -- what an appropriate name -- sounds consistent with your statements.
Being a libertarian, I'm about as far from the "left wing" as one can get.
Xenophobic is a real word that describes the behavior of many people in this world and accurately describes the sentiment being express by most on this thread.
One person's hard work doesn't take anything away from anyone else. Your suggestion that the State and Federal government needs to "protect" U.S. citizens from foreigners who want to come here to WORK says a lot about you -- you apparently don't think that you can compete (or cooperate) with foreigners effectively in the business world (again, sounds consistent with your "Thug" user-name).
Other hard-working people only help to enhance my life. (The thugs and leaches in our society are the ones who are a detriment to my productive efforts.)
The U.S. should have an open immigration policy for all those willing to come here to WORK.
June 20, 2009 at 10:39 a.m. ( permalink | suggest removal )
1dyankee (anonymous) says...
I really like the comment about the federal gov and sanity. Mr. New, you really are an IDIOT!
June 20, 2009 at 10:49 a.m. ( permalink | suggest removal )
tc1 (anonymous) says...
metallic,
What Part of "Illegal" don't you understand?
or
Do you have a business that will be negatively effected by the loss of "Illegal" alien labor?
or
Do libertarians support the breaking/ignoring of laws they disagree with such as "Illegal" immigration vs "Legal" immigration as outlined by thug above?
or
All of the above?
June 20, 2009 at 12:27 p.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
metallic, nice post. Its a bunch of clap-trap. I compete just fine in my job. My job requires clean pee tests, a US citizenship, security background check and many other qualifiers I doubt an illegal immigrant could obtain.
Your open border policy is nothing more than wanting anarchy.
Trying to label those that are against illegal immigrants as xenophobic, is the same weak tactic as calling someone a homophobe, or any other left-wing term, in the hope of shutting up the opposition.
Again, it is the CONSTITUTIONAL DUTY of the US Government to protect our borders and our national sovereignty.
But I digress, you probably see the rule of law and respect of national borders as some sort of xenophobic basis that our founders were compelled by when they wrote the constitution.
As many recent headlines have revealed, many of what you call "(The thugs and leaches in our society are the ones who are a detriment to my productive efforts.)"
- are many of the same illegals that kill while DUI, smuggle illegal drugs across our borders, gain taxpayer healthcare free, and leach off of the hard working legal citizens of this nation, including the legal residents following the rules and working hard to become a US citizens.
Save your self-righteous tripe for someone else.
you said "The U.S. should have an open immigration policy for all those willing to come here to WORK."
I agree, and there is a legal process for doing that. It dosent include sneaking across a border in the dead of night.
Here is an idea, why dont you sleep with your doors and windows open, and leave them open while your off to work, you never know, someone may want to come in your house, grab a quick meal and maybe some things your family needs, all at your expense.
June 20, 2009 at 12:43 p.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
JUST TO BE CLEAR, this article is about the companies and businesses that are breaking the law. Taking advantage of these folks that come here for a 'better life'.
But they really dont end up with a better life, they have to exist outside the law, in fear of being robbed for the cash they are paid under the table, in fear of being caught and deported because they are felons, in fear of becoming seriously ill....yes, thats a great life.
All for a cheap bowl of salad our maybe a less expensive new roof, our maybe a nice lawn or a cheap nanny for the rest of us.
Sure, your doing them a big favor metallic.
June 20, 2009 at 12:55 p.m. ( permalink | suggest removal )
wonderdog (anonymous) says...
Get real. No one is asking that America shut its doors - only that the people who want to come here do so LEGALLY.
June 20, 2009 at 1:03 p.m. ( permalink | suggest removal )
Bunny2 (anonymous) says...
If all the illegal immigrants on Ashley Phosphate and Stall got deported, would there be anyone left for landscaping crews?
June 20, 2009 at 2:20 p.m. ( permalink | suggest removal )
Brittanicus (anonymous) says...
E-Verify should be a permanent part of the arsenal against the illegal immigration invasion. It should be implemented as mandatory and upgraded with modifications and added tools? Their should be no exemptions with the risk of severe penalties. Every workplace should use it, from it's oldest workers to new hires?
THE MAJORITY OF--THE PEOPLE--MUST SPEAK UP OR WE SUFFER THE CONSEQUENCES?
The American public are kept in the dark, while secret discussions happen behind closed doors.
The only way that illegal immigration occupational army will be--ERADICATED--for good, is the paramount overwhelming pressure of public awareness, bearing down on their Senators and Congressman? It will also forcibly remove the nefarious activities of criminals. THE COST TO SUPPORT THESE ILLEGAL PEOPLE IS ASTRONOMIC! Say--YES--to e-verify! It will empty the workplace of illegal labor stealing jobs. Errors can be resolved at the Social Security office, where illegal workers wouldn't dare to go.
Tell our corrupted legislators to seal THE BORDER. TELL THE REAL TRUTH ABOUT THE BORDER FENCE AND HALT WEAKENING IMMIGRATION LAWS AND STOP PANDERING TO THE OPEN BORDERS, FREE TRADERS AND SPECIAL INTEREST GROUPS. Say--NO--to any AMNESTY. Outside of this--NOTHING WILL HAPPEN--EXCEPT ANOTHER PRE-ARRANGED AMNESTY, THAT TAXPAYERS WILL GET THE BILL IN INFINITY. Digest more of the facts and unbiased truth at NUMBERSUSA, JUDICIALWATCH,CAPSWEB, ALIPAC, AMERICANPATROL. Find out undisclosed news and the numbers of illegal aliens in the penal system at THEDARKSIDEOFILLEGALIMMIGRATION & ILLEGALIMMIGRATIONDAILY.
June 20, 2009 at 3:06 p.m. ( permalink | suggest removal )
JustJennings (anonymous) says...
This should have been done years ago. Why wasn't it? BECAUSE BUSINESS WAS MAKING MONEY OFF CHEAP LABOR!
June 20, 2009 at 4:21 p.m. ( permalink | suggest removal )
realamerican (anonymous) says...
Big business doesn't need Mexicans anymore.
Now that Bush and his lackeys in the republican party have destroyed our economy and financial system they are taking the money and running.
It is now up to the Obama administration to pick up the pieces. The voters of SC have only themselves to blame for voting in the republic party. If they are lucky President Obama can stop what was the republic plan to sacrifice the citizens of SC and other southern states to be the new "Mexico".
The plan almost worked yet some of the posters here are still pining for the good ol days of the republican party ruling the US. Luckily the rest of the country has enough education and common sense to see what the republic party had in store and voted them out.
South Carolina deserves every bit of misery they get and they should learn to suffer in silence since they brought it on themselves.
June 20, 2009 at 6:44 p.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
Whatever, realunamerican.
SC unemployment rate
2008 May 6.3
2009 May 12.1
http://data.bls.gov/PDQ/servlet/Surve...
National
May 2008 5.5
May 2009 9.4
http://data.bls.gov/PDQ/servlet/Surve...
President Barack Obama said the U.S. unemployment rate will reach 10 percent this year.
Stimulus package enacted by the 111th United States Congress and signed into law by President Barack Obama on February 17, 2009.
Is It Obama's Economy Now?
Recent polls show Americans aren't as optimistic about the administration's ability to lead economic recovery.
But there's another reason for the White House's concern, and that is the tentative evidence from recent surveys that people believe Obama now "owns" the economy--making it difficult for him to continue to blame the Bush administration.
http://www.forbes.com/2009/06/14/obam...
How much longer can this administration wimp out and blame Bush? Time for Obama and his rabid supporters to man up and take responsibility for the economy.
Bush didnt cry and whine or blame Clintion for 9-11. Come on Obama, man up.
After all the democrats have had control of both houses of congress since 2007.
Its not just SC;
Jobless rate in Western US tops 10 percent in May, first time since 1983; 8 states set records.
The West region reported the highest jobless rate at 10.1 percent. The last time any region had a rate of at least 10 percent was September 1983, when the country was emerging from a severe recession.
The region is home to California, where the jobless rate jumped to a record 11.5 percent last month, Nevada, where it's a record 11.3 percent, and other states that have been slammed when the housing boom went bust -- snatching jobs and wealth.
The other six states that set new highs on records dating to 1976 were: North Carolina, Oregon, Rhode Island, South Carolina, Florida and Georgia.
http://finance.yahoo.com/news/8-state...
Can you Obama drones get real? Its time to take ownership. Again, the democrats have controled both houses of congress since 2007.
Sanford as well as Bush can only sign bills into law, they dont create them.
Thanks to democrats like Frank, Dodd and Waters, the housing boom went bust, because of bad home loans banks were forced to make.
June 20, 2009 at 7:35 p.m. ( permalink | suggest removal )
UrGatorbait (anonymous) says...
Its a good start
June 20, 2009 at 8:24 p.m. ( permalink | suggest removal )
yird (anonymous) says...
metallic, xenophobia; fear or hatred of strangers or foreigners.
Your choice of words to describe those of us who oppose people illegally breaking into our country shows a poor command of English.
Evidently you approve of unlawful behavior and care nothing about those who are already US citizens otherwise you would not be in favor of letting any and all who want to just stroll in and take jobs that "Americans" would do if rich Democrats like speaker Pelosie didn't hire them for less.
You should be ashamed of yourself.
realamerican Whaaaaaaaaaaaa Whaaaaaaaaaaaaaaaaaaaaa!
June 20, 2009 at 10:07 p.m. ( permalink | suggest removal )
statusquo (anonymous) says...
It is amazing that people are so easily led. This political ploy has been pushed by the so called conservatives to divide the country for political reasons only.The thirst for power and money is the issue here, Illegal immigration is not a new problem. The so called conservative movement have been successful in strirring up a non-issue by using race and the blood will be on their hands. There are so many issues in this country that takes precedence over this issue,you are being used. Greed is what is destroying America.
June 20, 2009 at 11:11 p.m. ( permalink | suggest removal )
Chicago_Thug (anonymous) says...
Posted by statusquo
"It is amazing that people are so easily led. This political ploy has been pushed by the so called conservatives to divide the country for political reasons only.The thirst for power and money is the issue here, Illegal immigration is not a new problem."
- It is amazing how people are so easily led, the hispanics embraced and voted obama and the democrats. The democrats have used the latino vote and the minority vote for years. Delivering nothing but empty promises, all in the name of power.
"conservative movement have been successful in strirring up a non-issue by using race and the blood will be on their hands."
- Wait, who has supported democrats for over 40 years? Blacks by a large majority and latinos also. What cities do these same folks that trusted democrats to make their lives better live? Broken down, drug infested, poverty stricken major cities, like LA, Chicago, Phily, and so on. Democrats have used race in a much more aggressive way than any conservative. The left are un-abashed in their pursuit of the 'minority' vote. And they have generations of blood on their hands.
Just ask any ACORN activist.
June 21, 2009 at 7:37 a.m. ( permalink | suggest removal )
statusquo (anonymous) says...
You are correct and I was off based by singling out one party over the other. This happens across the board. I should have stuck to the point that politicians purposely and irresponsibity are inciting the masses as in this case. Some of us are unaware and this venomous rhetoric is dangerous they believe these politicians really care about illegal immagration. They are Conservatives and Liberals alike Manipulating the public for their own political gain. Point taken and I regress. I respect your ability to make your point without resorting to name calling.
June 21, 2009 at 2:34 p.m. ( permalink | suggest removal )
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