July 10, 2008

South Carolina Mandates E-Verify

As GT has continued to report, a number of states across the country disillusioned by Congress's failure to pass comprehensive immigration reform in 2007 have taken matters into their own hands. South Carolina recently followed a trend set by Arizona, Colorado, Georgia, Minnesota, Mississippi, Missouri, Oklahoma, Rhode Island and Utah, by signing a bill into law, giving South Carolina some of the toughest illegal immigration laws in the country. In regards to the law, Gov. Mark Sanford stated, "We've said from day one that while we're a nation of immigrants, we're also a nation of laws - and that South Carolina shouldn't be in the business of sanctioning illegal activity with a wink and a nod…” On June 4, 2008, Gov. Sanford signed the aforementioned legislation requiring South Carolina businesses to verify the employment eligibility status of all new hires through registration and participation in the federal E-verify program. As an alternative to using E-Verify, employers are also allowed to employ only workers who, at the time of employment, possess, or are eligible to possess a driver’s license or state issued identification card from South Carolina or any other state approved by the South Carolina Department of Motor Vehicles. The legislation will be implemented in three phases. Phase 1, beginning January 1, 2009, all public employers and any business that contracts with public employers and employs 500 or more employees must follow the above procedures. Phase 2, beginning July 1, 2009, all employers with 100 or more employees must verify the eligibility of their new hires using E-Verify or require new hires to present a valid driver’s license or ID card. Phase 3, beginning January 1, 2010, all employers, regardless of size, must be in compliance through the use of E-Verify or driver’s license/ID card requirements. South Carolina businesses face fines of up to $1,000 per violation and possible suspension or revocation of their business license for failure to comply with the new law.

As always, GT will continue to monitor other state and local laws which dictate immigration related actions.