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South Carolina Illegal Immigration Reform Act

Office of Immigrant Worker Compliance

Governor Mark Sanford, on June 4, 2008, signed into law the "South Carolina Illegal Immigration Reform Act".

In addition to complying with I–9 requirements, all employers must verify the legal status of employees. One way to do so is through the Department of Homeland Security's online database called E–verify ; another is to determine that the employee has a South Carolina driver's license or other government issued identity document. The statute also sets penalties, including fines and loss of business licenses, for failing to get verification and for knowingly hiring an illegal immigrant.

Here are some highlights of the "South Carolina Illegal Immigration Reform Act":

  • All employers in South Carolina beginning July 1, 2009 are imputed a South Carolina employment license which permits an employer to hire an employee. An employer may not employ a person unless his South Carolina employment license is in effect and is not suspended or revoked.

  • Within five business days after employing a new employee, all employers must either check the new hire's Social Security number through the U.S. Department of Homeland Security's online database called E–verify or hire workers with a driver's license from South Carolina or another state where the license requirements are at least as strict as those in South Carolina.

  • Employers caught not checking their workers can be fined between $100 and $1,000 per worker, and if an investigation finds they knowingly hired an illegal immigrant, their business can be temporarily shut down, up to 30 days on first offense and revoked if caught a third time.

  • The deadline for compliance by businesses employing 100 or more workers is July 1, 2009. Businesses with fewer than 100 employees have until July 1, 2010 to comply with the new law.

  • The state Department of Labor, Licensing and Regulation will investigate complaints and can randomly audit companies. However, under the new law, the agency can not accept and investigate complaints or audit companies until July 1, 2009 (businesses employing 100 or more workers) and July 1, 2010 (businesses employing less than 100 workers).

  • Persons providing immigration assistance services must be registered with the South Carolina Department of Labor, Licensing and Regulation effective June 4, 2008. The law defines immigration assistance services, establishes penalties for violation of the Act, and requires the Director of LLR to develop regulations to implement, administer and enforce the law.

  • The law gives an employee the right to file a civil action against an employer for wrongful termination when the employer terminates an employee for the purpose of replacing the employee with a person the employer knows or should reasonably know is an unauthorized alien.

  • The bill authorizes the State Law Enforcement Division (SLED) to enter into agreements with the U.S. Departments of Justice and Homeland Security that allow state and local law enforcement to enforce federal immigration laws. It also establishes a hotline, Web site, and database for reporting and tracking alleged violations of immigration laws. In addition, it requires jails to verify the legal status of inmates.

  • On or after January 1, 2009, all public employers must verify the employment authorization of all new employees through E–verify or by requiring employees to present a valid South Carolina driver's license or ID card. Employees may present a valid driver's license from another state with licensing procedures comparable to those of South Carolina, or by presenting documents proving they are eligible to obtain a driver's license or ID. Public employers may not enter into a services contract with a contractor unless the contractor agrees to verify its employees. The contractor must require agreement from its subcontractors and sub–subcontractors.

  • The law requires state and local agencies to verify lawful status of anyone over the age of 18 who applies for public benefits, with some exceptions for emergency–related situations.

  • It allows local governments to pass stricter immigration laws, but prevents local governments from prohibiting law enforcement from enforcing state or federal immigration laws.

The S.C. Department of Labor, Licensing and Regulation is pleased to provide various publications in portable document format (PDF). You will need Adobe Reader to view and print these publications.