Thread: SC: Immigration battle builds

Immigration battle builds
By Yvonne Wenger (Contact)
The Post and Courier
Wednesday, December 12, 2007



COLUMBIA — South Carolina's assault on illegal immigration continues to gain momentum, and the latest move could pit the state against the federal government in court.

Rep. Leon Stavrinakis will pre-file legislation today directing state Attorney General Henry McMaster to do whatever it takes to force the federal government to pay back at least some of the estimated $186 million South Carolina pays annually in education, prison, health care and other costs for illegal immigrants.

"(Former U.S.) Sen. (Fritz) Hollings once told me the only language they understand in Washington, D.C., is money," said Stavrinakis, D-Charleston. "Maybe this will get them to act. South Carolina taxpayers cannot keep paying for federal inaction. It hurts our schools. It hurts our health care, our ability to improve roads and infrastructure."

Legal experts argue the legislation is lofty, with an impact perhaps greater as a sentiment of discontent than one of practical purposes because successfully suing the federal government is difficult.

Still, it's just one of dozens of proposals the Legislature likely will sift through after it reconvenes Jan. 8 in a session that's expected to be marked by efforts to deal with illegal immigration. At the top of the list is a call by Senate President Pro Tem Glenn McConnell for a national constitutional convention.

McConnell, R-Charleston, wants the Legislature to sign a resolution that would force Congress to act or give the states the power to amend the U.S. Constitution to allow states to deny benefits to illegal immigrants and have them forced out of the country. A majority of states would have to agree.

Also, the House is expected to take up next month the Senate-passed "South Carolina Illegal Immigration Reform Act," which deals mostly with employment for the state and its contractors but includes a component that creates significant penalties for illegal immigrants who commit identity theft.

Steven Camarota, research director for the Center for Immigration Studies, a Washington, D.C.-based think tank that favors more- vigorous enforcement of immigration laws, said state legislation is evidence of frustration due to a lack of federal reform.

"These kinds of efforts are symbolically very important," Camarota said. "They represent a deep dissatisfaction with the federal government. The point is: 'We're not happy. Do something about it.' What I think they are saying is, 'Enforce the dang law.' "

The stalemate in Congress over immigration reform can be attributed to a fundamental divide between what Camarota called public opinion and elite opinion, he said.

Surveys have shown community leaders, in general, favor creating some pardons for illegal immigrants, Camarota said. The general public, though, vehemently opposes amnesty and wants stronger enforcement, he said.

Meanwhile, he said, the states, which tend to reflect local opinion more, are responding to the lack of federal reform with varying proposals.

"If North Carolina can get illegal immigrants to move to South Carolina, well, they solved their problem," Camarota said.

Nationally, at least 1,500 pieces of legislation pertaining to immigration have been introduced at the state level this year and 244 became law in 46 states, according to the National Conference of State Legislatures. That is triple the number of bills filed in 2006.

Many state bills are being challenged in court, and others are hard to enforce. In regard to Stavrinakis' proposed resolution, Charleston School of Law assistant professor John L.S. Simpkins said it would be difficult for the state to sue the federal government for providing education, for example, to illegal immigrants because of equal protection concerns guaranteed in the U.S. Constitution.

"I don't know what recourse, if any, the state has if the federal government says, 'We're not going to reimburse you,' " Simpkins said. "What's the state going to do? Is the state is going to say these kids can't go to school?"

South Carolina is home to roughly 200,000 illegal immigrants, on whom the state spends an estimated $186 million a year in services, according to data gathered by state Senate staff.

Reach Yvonne M. Wenger at 803-799-9051 or ywenger@post andcourier.com.


http://www.charleston.net/news/2007/dec ... ilds24697/

South Carolina's assault on illegal immigration continues to gain momentum

Wrong word to use. that word carries negative connotations.