SC immigration law delayed



Immigration reform



By: WCBD Newsroom | WCBD
Published: December 19, 2011 Updated: December 19, 2011 - 3:29 PM

A Federal District Court judge said he will decide whether or not South Carolina's immigration bill will go into effect, by the end of this year.

U.S. District Judge Richard Gergel heard arguments in the lawsuit against South Carolina's immigration bill Monday.
The United States Department of Justice and the Lowcountry Immigration Coalition brought the suit against South Carolina, arguing the state does not have the right to create such a bill.
Lawyers suing the state say South Carolina is violating the Supremacy Clause, which says the United States laws are the supreme rule of the country.

There are four areas of the Immigration Bill the lawyers are arguing against. The first is Section 4, which makes it illegal for anyone to harbor/shelter any illegals. It also allows illegals to be found guilty of harboring themselves. Lawyers representing the Department of Justice say Congress has already created a plan for punishing those who harbor undocumented aliens.

The second area is Section 5, which states that aliens in South Carolina will have to carry proof of their residency (green card). The law states that, if law enforcement asks for registration and the person in question does not have an ID card, they can be arrested.

The third area is Section 6. This section requires state law enforcement to check the immigration status of anyone they pull over. This section also says that law enforcement must transport the illegal to a federal facility if it is found they are, in fact, illegal.

Both lawyers and Judge Gergel said they were worried that this section of the bill will strech federal facilities' resources too thinly and keep them from being able to effectively control the facilities.
The final section brought under scrutiny Monday was section 15. This section, which makes it illegal for anyone to counterfeit citizen registration cards, was not challenged by the United States. It was only challenged by the Lowcountry Immigration Coalition.

The Judge also discussed how this bill will affect the foreign policy of the United States, saying this bill could allow each state to have its own foreign policy. The judge also questioned how American citizens would be treated abroad if this bill goes through.

The Judge must make a ruling by the end of the year because the bill will go into effect January 1st.

http://www2.counton2.com/news/2011/d...ed-ar-2897058/