ACLU Sues South Carolina In Attempt To Strike Down Immigration Enforcement Law
On October 12, 2011, the ACLU, representing a slew of groups and individuals, filed a lawsuit against the State of South Carolina seeking to enjoin South Carolina Senate Bill 20 ("SB 20"). Like lawsuits brought by the ACLU in Arizona, Utah, Georgia, Alabama and Indiana, this lawsuit seeks to prevent the State from enforcing its immigration law.
SB 20 is based on Arizona's SB 1070 and Alabama's HB 56 and contains similar provisions. These provisions include:
> a ban on sanctuary policies,
> a state criminal provision for failing to comply with federal alien registration laws,
> a state harboring and transporting criminal provision based off of a similar federal harboring and transporting statute, 8 U.S.C. § 1324(a),
> a requirement that state and local officers verify an individual's immigration status during a lawful stop for a criminal offense if the officer has a reasonable suspicion that the person is unlawfully present, and
> a requirement that jailers verify the immigration status of inmates with the federal government.
SB 20 also requires public and private employers to use E-Verify and penalizes employers who knowingly hire unauthorized aliens by suspending their business licenses.
The claims brought by the ACLU are similar to the ones brought against the other states. The ACLU alleges that that federal law preempts SB 20 and that SB 20 violates the Fourth Amendment's protections against unreasonable search and seizure. The ALCU also alleges that SB 20 violates the Fourteenth Amendment's Equal Protection and Due Process Clauses. The ACLU has not challenged South Carolina's authority to require employers to use E-Verify and its ability to suspend the business licenses of employers that knowingly employ unauthorized aliens, likely in light of the Supreme Court's decision in Chamber of Commerce v. Whiting.
In response to the lawsuit, South Carolina Attorney General Alan Wilson expressed confidence in the law. "We have a strong opinion this law is constitutional and we're prepared to defend it to the U.S. Supreme Court if we have to." (UPI, Oct. 13, 2011) Governor Nikki Haley likewise showed confidence in the law and questioned the motives of the plaintiffs in the case. A spokesman for Haley stated, "As the daughter of immigrants who came to this country legally, Gov. Haley understands that no American value is more sacred than the rule of law. That's what this is about. Nothing more, nothing less. And if the ACLU was really about what they claim to be, they'd stay out of our business and let us enforce our laws." (ABC News 4, Oct. 16, 2011)
At this point, neither party has filed briefs nor has the Court issued an order indicating when briefs are due. However, SB 20 is scheduled to take effect on January 1, 2012, it is likely that the ACLU will request a temporary injunction. –Fair
On October 12, 2011, the ACLU, representing a slew of groups and individuals, filed a lawsuit against the State of South Carolina seeking to enjoin South Carolina Senate Bill 20 ("SB 20"). Like lawsuits brought by the ACLU in Arizona, Utah, Georgia, Alabama and Indiana, this lawsuit seeks to prevent the State from enforcing its immigration law.
SB 20 is based on Arizona's SB 1070 and Alabama's HB 56 and contains similar provisions. These provisions include:
> a ban on sanctuary policies,
> a state criminal provision for failing to comply with federal alien registration laws,
> a state harboring and transporting criminal provision based off of a similar federal harboring and transporting statute, 8 U.S.C. § 1324(a),
> a requirement that state and local officers verify an individual's immigration status during a lawful stop for a criminal offense if the officer has a reasonable suspicion that the person is unlawfully present, and
> a requirement that jailers verify the immigration status of inmates with the federal government.
SB 20 also requires public and private employers to use E-Verify and penalizes employers who knowingly hire unauthorized aliens by suspending their business licenses.
The claims brought by the ACLU are similar to the ones brought against the other states. The ACLU alleges that that federal law preempts SB 20 and that SB 20 violates the Fourth Amendment's protections against unreasonable search and seizure. The ALCU also alleges that SB 20 violates the Fourteenth Amendment's Equal Protection and Due Process Clauses. The ACLU has not challenged South Carolina's authority to require employers to use E-Verify and its ability to suspend the business licenses of employers that knowingly employ unauthorized aliens, likely in light of the Supreme Court's decision in Chamber of Commerce v. Whiting.
In response to the lawsuit, South Carolina Attorney General Alan Wilson expressed confidence in the law. "We have a strong opinion this law is constitutional and we're prepared to defend it to the U.S. Supreme Court if we have to." (UPI, Oct. 13, 2011) Governor Nikki Haley likewise showed confidence in the law and questioned the motives of the plaintiffs in the case. A spokesman for Haley stated, "As the daughter of immigrants who came to this country legally, Gov. Haley understands that no American value is more sacred than the rule of law. That's what this is about. Nothing more, nothing less. And if the ACLU was really about what they claim to be, they'd stay out of our business and let us enforce our laws." (ABC News 4, Oct. 16, 2011)
At this point, neither party has filed briefs nor has the Court issued an order indicating when briefs are due. However, SB 20 is scheduled to take effect on January 1, 2012, it is likely that the ACLU will request a temporary injunction. –Fair
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