Business Posted on Sat, Aug. 16, 2008
Immigration law faces fights
Employers hear of possible court challenges
By Robert Morris - rmorris@thesunnews.com
South Carolina's new immigration laws may be "ripe for a challenge" in the courts because of new requirements they place on employers, an immigration attorney told a group of business people Friday.

With several months left before the first businesses must begin complying, immigration lawyers around the state have already begun openly discussing possible court challenges to the new regulations, said Melissa Azallion, an immigration-law specialist with the Nexsen Pruet law firm.

"Businesses are raising questions, which is prompting attorneys to ask questions," Azallion said.

Earlier this year, state legislators passed a package of immigration-reform measures they touted as the toughest in the country. One of the bill's central planks forces employers to screen new employees' citizenship by one of basically two ways: using a federal Web-based verification system, or by requiring an S.C. driver's license, which is only given to citizens.

Federal immigration law lays out a specific list of documents employers can use to verify work eligibility, but leaves the choice of those documents up to the employee, Azallion said.

By restricting that choice to an in-state driver's license, South Carolina may be overstepping its jurisdiction, Azallion said.

"It puts the state law in conflict with federal law," Azallion said.

State Rep. Thad Viers, R-Myrtle Beach, was on the committee that hashed out the final form of the immigration bill, and he said he believes it will survive any legal challenge. Even if one section is struck down, Viers said the remaining provisions will survive.

"We vetted all these issues pretty well," Viers said. "I don't think there's much appetite for folks to go down that road."

The requirement's other option, use of the E-verify system, has survived court challenges in other states but is now in political jeopardy, Azallion said. The electronic program was an experiment authorized by U.S. Congress but set to expire in November, and its reauthorization has been caught up in the U.S. Senate's larger debate about federal immigration laws.

"I think it will pass," Azallion said. "They'll get something worked out and negotiated, but it may be late in the game."

Azallion's comments were part of a Friday morning seminar at the Myrtle Beach Area Chamber of Commerce for business owners and human resource managers about the new state immigration laws. Many of the nearly 30 audience members already deal with immigration paperwork on a daily basis, so many of their questions focused on specific details of the new law - down to which folder immigration forms should be kept in.

In general, Azallion cautioned business owners against overlooking discrepancies in an employees' documentation, such as the sudden appearance of paperwork with a changed name. Immigration-enforcement officials will view that as evidence against the employer, who could then be subject to not only civil fines, but criminal penalties as well.

On the other hand, Azallion warned attendees to apply regulations evenly to every employee.

"Focus on the facts, not the faces," Azallion said.

The seminar earned praise from attendees whether they came for political or professional reasons. Phil Day, an executive with Verity Property Maintenance in Shallotte, N.C., said he had come to learn about South Carolina's new laws so he could lobby for stricter requirements in North Carolina, where he said illegal labor is drying up job opportunities for young people.

"There's nothing wrong with being a professional landscaper, but there's no jobs for them," Day said.

Joanne Contento, payroll manager at A&I fire and water restoration, said the seminar served for her as continuing education.

"Part of my job is to keep my employers out of trouble," Contento said. "I wouldn't be doing my job if I weren't doing that."

Contact ROBERT MORRIS at 626-0294.



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