Enforcement of the South Carolina Illegal Immigration Reform Act Underway

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Two weeks after the South Carolina Illegal Immigration Reform Act (SCIIRA) took effect for private employers with 100 or more employees, the South Carolina Department of Labor Licensing and Regulation (DLLR) is already actively enforcing the law. The DLLR hired ten investigators to perform random compliance audits and to respond to written complaints throughout the state. The investigators are conducting audits using support teams of multiple DLLR agents. Despite the law's provision for a "random auditing program," the DLLR identified 13 immigration prone industries, which it is openly targeting for auditing, including the construction, manufacturing, transportation and food service industries. A complete list of these industries is included below. The SCIIRA requires that private employers with 100 or more employees, state contractors with qualifying contracts, as well as their sub-contractors, and sub sub-contractors perform employment eligibility verification in addition to completing I-9s. To comply with the verification requirement an employer may either....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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