Local lawyer says immigration bill won't affect the county ordinance
Published Sun, Jan 13, 2008 12:00 AM
By MICHAEL WELLES SHAPIRO

BLUFFTON -- A bill aimed at making South Carolina less attractive to illegal immigrants will not prevent Beaufort County from implementing its own immigration ordinance, according to a local lawyer.

House Speaker Bobby Harrell, R-Charleston, unveiled the state bill Tuesday.

The measure would restrict counties and municipalities from enforcing ordinances that are "harsher than, and a frustration of, the state's purpose."

If passed, the bill would prevent illegal immigrants from receiving most public benefits or attending public colleges.

Businesses applying for state or local government contracts would have to verify the status of their workers through the U.S. Department of Homeland Security. The bill would also prohibit private employers from claiming wages of illegal workers as tax deductions and make them check several forms of identification before claiming a deduction.

A local immigration lawyer said that the state bill would not affect Beaufort County's ordinance, which aims to discourage local businesses from hiring illegal immigrants.

"My feeling is that this section does not impact the Beaufort County lawful employment ordinance," said Melissa Azallion with Nexsen Pruet Adams Kleemeier's Hilton Head Island office.

Azallion said the state law and the county ordinance perform very different functions and called it a stretch to say the county's audit of businesses' federally required immigration documents went any further than the state's bill.

Azallion said that if the state bill is passed, however, local governments would be unable to force businesses to participate in a Homeland Security employee verification program, which several area anti-illegal immigration advocates have been trying to get the county to do.

The local ordinance, which went into effect Jan. 1, calls for a random audit of businesses in unincorporated areas to make sure that employers have copies of federally required immigration forms, called I-9s, and that they appear to be filled out correctly.

The county is also attempting to track down unlicensed businesses operating in unincorporated areas, and to audit county businesses' gross receipts to make sure the amount they are paying for licenses reflect the amount of money they make.

Local towns and cities opted not to participate in the audits, so employers that only do business in those areas will not be targeted by the county audits.

http://www.beaufortgazette.com/local/story/136973.html