Summerville considers illegal immigrant ban

SUMMERVILLE -- Councilman Walter Bailey said he wants to make a statement about the federal government's lack of action on illegal immigration.

"I don't think the federal government is doing enough to secure the border," he said.

Bailey, who said illegal immigrants are taking jobs from legal residents, is proposing an ordinance that would bar anyone in Summerville from housing or hiring illegal immigrants.

The proposal, which will be up for an initial vote Wednesday at a Town Council meeting, lists grievances against illegal immigrants that include crime, taking jobs and creating a drain on town resources.

Councilwoman Kima Garten-Schmidt supported the proposal Monday at a Finance Committee meeting, but Councilman Aaron Brown opposed it.

Brown questioned the need for such a town ordinance and wondered about the potential burden of enforcing it.

"I think we could create a problem for ourselves," he said.

The illegal immigration debate surged to the forefront in 2006 and

2007, with numerous cities, counties and states drafting laws to address the issue. It has remained a hot topic since but returned to the spotlight this year when Arizona officials, complaining of inaction by the federal government, passed a law that allows law enforcement officials to stop and demand the immigration status of any person.

The Obama administration has entered the fray, moving to block the Arizona law's implementation.

South Carolina, which already has enacted some anti-illegal immigrant laws, is among more than a dozen other states where lawmakers have discussed enacting stricter measures similar to those in Arizona.

Dorchester County approved an ordinance in July 2007 that prohibits the knowing employment of illegal immigrants. It was kept on the books in November 2008, despite questions about whether it was needed anymore because the state was doing the job.

Dorchester County Administrator Jason Ward said the county has not had any complaints of illegal immigrant labor to act on in over a year. Bailey said he was unaware of the county ordinance.

The town's proposed ordinance would work like this:

The citizenship status of renters would be determined through occupancy license applications issued to people seeking to rent or lease a house or apartment. The application would require potential renters to indicate whether they are American citizens.

If respondents say they are not citizens, they would have to prove they are in the country legally. Applicants responding that they are citizens would not face additional scrutiny.

Bailey admitted that there are no safeguards to prevent respondents from lying on their applications.

As for businesses, any employer that hires someone within 60 days of the ordinance's implementation would have to submit their employees' information to the E-verify federal database to check their legal status.

The ordinance would not apply to independent contractors employed by businesses or to labor hired for domestic projects.

Renters found to be illegal would be evicted 60 days after notification. Businesses that hire illegal labor could lose their business licenses, and contractors employed by the town could lose funding. Every violation of the ordinance would result in a $100 fine. There would be an appeals process.

Reach Melvin Backman at 937-5550 or mbackman@postandcourier.com.