Thread: S.C.: Businesses must check for illegal immigrants

December 29, 2011

Employment sections of new immigration law go into effect Jan. 1Employment sections of new immigration law go into effect Jan. 1

By NOELLE PHILLIPS

Beginning Sunday, S.C. businesses must use a federal database to make sure new employees can legally work in the United States.

The state has required employers to verify their workers’ eligibility status since 2008. In the past, human resources officers had several options to do so. Now, all businesses must use E-Verify, an electronic database managed by the Social Security Administration and U.S. Citizenship and Immigration Services.

The requirement is part of the state’s new illegal immigration law, which was signed by Gov. Nikki Haley over the summer. The new employment requirement will go into effect despite two lawsuits filed against the state for enacting the new law. That’s because a federal judge in Charleston earlier this month only blocked three of the law’s 20 sections.

Here, a look at how the new employment requirement will work
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How does E-Verify work?

The database compares a worker’s name and Social Security numbers along with any immigration information and notifies a company if that person is eligible to work in the United States. The results are instant.

What happens if an employee’s name and number do not match?

Federal and state laws give workers and their employers time to resolve issues if the system cannot confirm a worker’s eligibility. Anyone who is proven to be ineligible must be fired.

Who should be checked under E-Verify?

All employees hired after Jan. 1, said Catherine Templeton, director of the S.C. Department of Labor Licensing and Regulation. The federal government does not allow businesses to check people already on the payroll, she said.

How will the law be enforced?

LLR randomly will audit businesses to check that they are complying, Templeton said. Businesses will receive a letter notifying them of the audits and they will be asked to mail a list of employees generated by the E-Verify system. LLR also will randomly audit businesses on-site to make sure “people are who they are supposed to be,” Templeton said.

What is the penalty for failing to comply?

Until July 1, the penalty will be waived as businesses are given time to adapt to the new requirements. After that date, penalties range from probation to suspension of a business license to revocation of a business license, depending how often the business has violated the law. If a company’s business license is suspended, it will have to pay $1,000 to have it reinstated and it will have to prove that it has fired all of its illegal immigrant employees.

How much is the state spending on auditing businesses?

The agency will spend about $250,000, Templeton said.

How many S.C. businesses are using E-Verify?

So far, 10,556 businesses have signed on, said Jim Knight, the LLR administrator who oversees immigration compliance.

It’s unclear how many businesses operate in South Carolina, but the S.C. Department of Employment and Workforce reported there are 111,112 businesses and government agencies that pay into their unemployment system.

Where can I learn more about E-Verify and the new state law?

Visit llr.sc.us/immigration, where you can find a list of training seminars and links to register for the E-Verify program.


http://www.thestate.com/2011/12/29/2...r-illegal.html

good every state should do the same thing I know for one would check every one .
No amnesty or dream act

I have always given South Carolina credit for fighting against illegal immigration. I wish my state New Mexico was like that, but at least our governor does some things.