Thread: Area Businessmen Educated on SC's New Immigration Regs.

Area businessmen educated on SC's new immigration regulations

Published Wed, Dec 10, 2008 12:00 AM
By MARTI COVINGTON
mcovington@beaufortgazette.com
843-986-5502

Nearly 25 Beaufort County business owners, human resources staffers and contractors got a crash course Wednesday in a new state law that prevents businesses from knowingly hiring illegal immigrants and punishes those that do.

Facing growing concerns about the state's rising illegal immigrant population and its effect on businesses and jobs in South Carolina, Gov. Mark Sanford signed the S.C. Illegal Immigration and Reform Act into law in June.

The law already has a reputation as one of the toughest in the country, said Jim Knight of the state Department of Labor, Licensing and Regulation.

LLR staff have been traveling the state to educate residents about how to interpret and follow the new regulations.

"If you had a chance to examine it, I think you would agree it has tremendous consequences for those who fail to comply," said Knight, one of three speakers at the meeting.

Yasser Benadada of the U.S. Department of Homeland Security and Melissa Azallion, an attorney with the Nexsen Pruet Law Firm on Hilton Head Island, also gave presentations.

Highlights from Wednesday's seminar at the Technical College of the Lowcountry:

Question: What does the law say?

A: All employers in South Carolina must verify the legal status of new hires. That includes public- and private-sector businesses. If an employee is verified to be someone not legally in the country or authorized to work here, they must be let go.

Q: When does the law go into effect?

A: For public-sector businesses and agencies and state contractors with at least 500 employees, the law goes into effect Jan. 1. For state contractors with 100 to 499 employees and private employers with more than 100 employees, it goes into effect July 1. All businesses in South Carolina must start verifying by July 1, 2010.

Q: How can employers verify the status of a new hire?

A: All public-sector businesses and agencies will have to use E-Verify, a Web-based system run by the federal government. Employers put pertinent employee information into the system, including a name, social security number and birthdate. The system scans millions of records from the Social Security Administration and the Department of Homeland Security and tells the employer if the new hire is authorized to work or if their paperwork and documents need further review.

Private sector businesses also can use the E-Verify system, but it's not mandatory. Instead, they can choose to hire only employees who possess a valid South Carolina driver's license or ID card, who qualify for a state driver's license or ID card or who have a driver's license or ID card from another state with similarly strict requirements.

Q: What happens to employers who knowingly hire illegal workers?

A: They can be fined from $100 to $1,000, per violation.

For the first violation, a business will also lose its license for 10 to 30 days. For the second, the license is lost30 to 60 days. For the third violation, the license is revoked and a business owner can petition to get a provisional license after 90 days. For each subsequent violation, the business license is revoked and the owner can't seek its reinstatement for five years.

To get a license reinstated, a private employer must pay a fee of up to $1,000.

If the employer engages in business or hires a new employee while the license is suspended, the license is revoked and can't be reinstated for five years.

Q: Where can I get more information?

A: More about the law can be found at the Web site of the state's labor, licensing and regulation department: www.llronline.com/immigration.

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South Carolina Illegal Immigration Reform Act
Notice to All South Carolina Employers Regarding
Illegal Aliens and Private Employment
http://www.llronline.com/immigration/

The "South Carolina Illegal Immigration and Reform Act" was signed into law by Governor Mark Sanford on June 4, 2008. The law requires all employers to verify the legal status of new employees and prohibits employment of any worker who is not legally in this country and authorized to work. After July 1, 2009, all businesses in South Carolina are imputed a South Carolina employment license which permits an employer to hire employees. The imputed employment license remains in effect as long as the business abides by the law.

Verification Requirements
In addition to completing and maintaining the federal employment eligibility verification form, more commonly known as the Form I-9, all South Carolina employers must within five days after employing a new employee:

1. Verify the employee’s work authorization through the E-Verify federal work authorization program administered by the U.S. Department of Homeland Security; or
2. Verify that the employee

1. possesses a valid South Carolina driver’s license or identification card issued by the South Carolina Department of Motor Vehicles;
2. is eligible to obtain a South Carolina driver’s license or identification card; or
3. possesses a valid driver’s license or identification card from another state whose qualification requirements are as strict as those of the state of South Carolina.

The South Carolina Department of Motor Vehicles has determined that drivers’ licenses or identification cards issued by the following states are acceptable: AK, AZ, CT, FL, GA, ID, IN, ME (credentials issued after 11/15/0, MA, MI, NH, NJ, PA, RI, TX and VA. This list may be updated periodically. For the most current list, visit the DMV web site at: www.scdmvonline.com.
For more information on the E-verify federal work authorization program and to access E-verify, visit the S.C. Employment Security Commission’s web site at: www.sces.org.

Compliance Dates
Compliance with verification requirements begins July 1, 2009 for private employers who employ 100 or more employees. For private employers who employ less than 100 employees, the compliance date is July 1, 2010.

Penalties
The South Carolina Department of Labor, Licensing and Regulation is charged with investigating complaints and conducting random audits of private employers to assure compliance. The agency must: (1) notify the United States Immigration and Customs Enforcement of suspected unauthorized aliens employed by a private employer; (2) notify state and local law enforcement agencies responsible for enforcing state immigration laws, and; (3) assess penalties for violations of the Act. For violations of the procedures for hiring and verifying worker eligibility, a private employer can be assessed a civil penalty of not less than $100 and not more than $1,000 for each violation. Upon the first violation, the employer can avoid assessment of a penalty if within 72 hours of notification of a violation the employer complies with the verification provisions. An employer who knowingly or intentionally hires an unauthorized alien faces suspension or revocation of the employer’s imputed license. During the time that the license is suspended or revoked, the employer cannot employ any employees.

For More Information
To read the law and to learn about upcoming training programs across the state, go to: www.llronline.com/immigration.

North Carolina get busy and do a better job sooner than South Carolina.