South Carolina is the latest state to crack down on illegal immigration, but the new bill will likely not withstand scrutiny from the federal judiciary.
South Carolina Governor Nikki Haley, the daughter of immigrants from India, signed immigration law bill Monday that adopts many of the tough provisions found in the controversial Alabama and Arizona immigration laws. The South Carolina law goes into effect in January.
The following is a statement from Ali Noorani, Executive Director of the National Immigration Forum: “South Carolina Governor Nikki Haley signed draconian immigration legislation that is a waste of taxpayer funds, a grave mistake, and a defiance of common sense."
It is apparent that these laws, no matter what the authors have said, are unable to withstand scrutiny from the federal judiciary.
So far, drastic anti-immigrant measures have been signed into law in five states and have been blocked from implementation by federal judges in four states because they are preempted by federal law. Civil rights groups have pledged to file a lawsuit against Alabama’s immigration law, and legal experts expect its law to be blocked in federal courts as well.
It is obvious that South Carolina’s new law will suffer the same fate and various organizations have already pledged to file suit. South Carolina law enforcement experts have argued that given the state’s budget crisis and shortage of law enforcement agents, the state simply cannot afford to divert scarce police resources away from fighting crime.