The Obama administration has filed its third lawsuit against a state – this time South Carolina – for trying to deal with illegal immigration on a state level.
South Carolina’s law, like proposals in Arizona and Alabama, requires immigrants to carry documents with them and allows local law enforcement officials to detain those they believe are in the country illegally. In June, Gov. Nikki Haley signed the law, which is to take effect Jan. 1.
• Governor named as a defendant.
• Litigation already underway in two other states; more on the way?
• Law would lead to racial profiling.
Other Nuances of the South Carolina Law
According to published reports, police would only be able to inquire about a person’s legal status at a traffic stop, arrest or other incident where they had reasonable suspicion that a person was in the country illegally.
The law specifically prohibits law enforcement to racially profile suspected undocumented workers, says Michael Wildes, managing partner of Wildes & Weinberg, an immigration law firm in New York. Critics, however, say the new law will lead to exactly that, Wildes says.
The law would also make it a felony to create bogus photo IDs for illegals, he adds.
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