Based loosely on Arizona’s recently enacted Immigration law, South Carolina’s Immigration Reform Act requires:

• Employers to verify, within five days of hiring a new employee, his or her eligibility to work in South Carolina by checking either the new hire’s Social Security number against the U.S. Department of Homeland Security’s E-verify database or, the new hire’s driver’s license, which must be from South Carolina or another state where the license requirements are at least as strict as those in South Carolina.
• The State Department of Labor, Licensing and Regulation to promulgate those rules that pertain to the state’s employers.

The new law also sets forth certain punitive actions for non-compliance:

• Employers who do not verify new hires may be fined between $100 and $1,000 per worker. Furthermore, and pending investigation, employers found to be “knowingly” hiring illegal immigrants can have their business temporarily shut down, up to 30 days on a first offense and potentially for good for a third offense.
• The bill also allows for the South Carolina State Law Enforcement Division (SLED) to enforce federal immigration laws in agreement with the U.S Departments of Justice and Homeland Security.

The new law will go into effect for private employers July 2009 (100+ employees) and July 2010 (under 100 employees).

A full text copy of the legislation can be found here: http://www.scstatehouse.net/sess117_2007-2008/bills/4400.htm

For more information on South Carolina’s H.4400, please contact Julian Barton with the Home Builders Association of South Carolina at jbarton@hbaofsc.com.  For more information on trends and tracking as it relates to immigration in the states, please contact Alex Strong at 800-368-5242 x8279.

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