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A breakdown of HB 4400 and perspectives from local experts.
The subject of immigration reform just can’t seem to stay out of the news. The Bush Administration and Congress recently attempted to pass a federal immigration reform act, but it failed largely because it proposed little, if anything, to discourage or curb the flow of illegal immigrants to the United States. In combination with the usual partisan politics involved, an all-too-rare exhibition of empowerment by the American people in which voices from the grassroots made themselves heard, the so called amnesty bill did not pass.
Meanwhile, the impact of illegal immigration continues to escalate at the local level, and with the people angry and frustrated by the federal government’s unwillingness or inability to take meaningful action, state and local governments across the nation are taking matters into their own hands. In fact, some 1,400 immigration bills were introduced in state legislatures around the country in 2007.
Here at home, Beaufort County established the Lawful Employment Ordinance this year, which seeks to ensure that county businesses are in compliance with federal employment eligibility processes. More recently the South Carolina General Assembly ratified the South Carolina Illegal Immigration Reform Act (Immigration Bill HB 4400), which Gov. Mark Sanford signed into law on June 4. It has been called the toughest immigration reform legislation in the nation.
As is often the case with new legislation, passing the act raises many questions with those affected - in this case, employers. The Hilton Head Island-Bluffton Chamber of Commerce, Hilton Head Area Home Builders Association, Hilton Head Area Hospitality Association, and Beaufort Regional Chamber of Commerce hosted a forum in June at Palmetto Electrics New Rver facility to help Lowcountry business owners understand the new law. Attorney Melissa Azallion, an immigration and employment law expert with Nexsen Pruet, and Otis Rawl, COO and vice president of the South Carolina Chamber of Commerce, spoke on the subject. The forums aim was to help employers understand the law and address issues regarding potential conflicts with federal laws.
The new South Carolina law adds a layer of verification to the existing federal I-9 employment eligibility form by requiring employers to:
1) register and participate in E-Verify, an Internet-based system operated by the federal government that electronically verifies employment eligibility, or
2) confirm that new hires possess or are eligible to obtain a South Carolina drivers license or South Carolina ID card issued by the Department of Motor Vehicles, or
3) confirm that new hires possess a valid license or ID from anoth er state where requirements for robtaining the documents are pate in the E-Verify program and, when doing business with contractors, may only enter service contracts with contractors who agree to comply with the act.
Private employers and contractors can choose between using E-Verify and hiring only employees who: possess a valid SC drivers license or ID; qualify for an SC license or ID; or possess a drivers license or ID card from another state with similarly strict requirements. Private contractors doing business with public employers, however, are required to use E-Verify.
Two of the biggest questions posed at the forum included:
1) What exactly is E-Verify?, and 2) Which option is best for a private employer, E-Verify or the drivers license/state I.D. card?
E-Verify is a federal Web-based employment verification system, which provides immediate information. The system, a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA), allows employers to electronically verify employment eligibility of new or potential hires. In the process, SSA verifies names, Social Security numbers, dates of birth and citizenship if workers claim to be a U.S. citizen. If an employee is not a U.S. citizen, US Citizen & Immigration Service (USCIS) verifies their employment eligibility.
To answer the question as to which method a South Carolina business should adopt, ex., E-Verify or the driver license/ID card option, there is no clear “right” answer for every business. Some things to consider:
• E-Verify usually returns verifications within seconds, so it is fast and efficient, but note that it has not been 100 percent free of errors.
• Employers who use E-Verify must permit Department of Homeland Security (DHS) and Social Security Administration (SSA) inspections & audits.
• USCIS provides non-confirmation information to US Immigration and Customs Enforcement (ICE), which may encourage audits, worksite enforcement raids, and other employer investigations
Potential conflicts with other laws should also be considered. For example, Rawl believes that the act will be challenged in federal court at some point, based on the fact that this has been the case with similar laws in other states. There is also a question of whether or not the act is in conflict with the Beaufort County Lawful Employment Ordinance. This has yet to be determined.
For additional information please visit the following Web sites: SC Chamber of Commerce: scchamber.net; SC Department of Labor, Licensing & Regulation: llr.state.sc.us; Department of Homeland Security (with link to E-Verify registration): dhs.gov/index.shtm. And stay tuned to Monthly!
