Next on deck for anti-immigrant legislation: South Carolina


Luke Witman
Tucson Immigration Examiner
November 22, 2011


In many ways, it all started in 2010 when Arizona Governor Jan Brewer signed into law SB 1070, a legislative act that, among other things, required state and local law enforcement to fully enforce federal immigration law. Arizona was quickly followed by Alabama, which put into effect its own anti-immigrant law, HB 56, earlier this year. In many ways, Alabama’s law is even more severe than Arizona’s, requiring law enforcement to enforce immigration law, but also including a variety of prohibitions against providing non-citizens with any public benefits. Now, South Carolina is joining the anti-immigrant legislation club, as its law, SB 20 is set to go into effect on January 1.

South Carolina’s SB 20 requires all non-citizens to carry with them at all times documentation which proves their authorization to be in the state. Much like in Arizona and Alabama, South Carolina law enforcement officers will be required to determine the legal residency status of all individuals they encounter while performing routine police work. State and local law enforcement is prohibited from doing anything that goes against federal immigration law, even if it is necessary to protect the safety and well being of local communities. Finally, SB 20 creates a series of new immigration-related crimes. This includes the new felony offense of allowing oneself to be smuggled into the country, even if that person is a victim of human trafficking.

Needless to say, not only is South Carolina following in Arizona’s and Alabama’s footsteps by passing this law, but it has now also become a part of the national protest movement against such legislation. The U.S. Department of Justice recently filed a lawsuit against SB 20, arguing that the law is unconstitutional in that it goes against the federal government’s exclusive authority to legislate immigration. The Justice Department filed similar lawsuits in Arizona and Alabama against those states' immigration laws.

In addition, immigrant and human rights activists who have long fought against SB 1070 and HB 56 are now actively protesting South Carolina’s SB 20. The American Civil Liberties Union argues that this bill will result in unfair racial profiling in the state, and all people of color in South Carolina will be at risk of undue police scrutiny. Several lawmakers such as Ill. Rep. Luis Gutierrez are urging South Carolina residents to stand up against the “un-Americanâ€