S.C. Employers Ready for Nation's 'Toughest' Immigration Law
The state's new immigration law, affecting employers, takes effect Jan. 1.
For Coastal Turf owner Russ Settle, compliance with the state's new immigration law isn't a choice — it's comply or stop operating.
With the new immigration law, there is no strike three. By strike two, employers are shut down for at least 10 days and listed on an online database — their own "scarlet letter" advertising a noncompliant status to competitors and clients.
Jim Knight of the state Department of Labor, Licensing and Regulation's Office of Immigrant Worker Compliance spoke Tuesday to about 40 employers in Summerville, as one of many stops the department has made to help businesses comply with the new regulations, which take effect Jan. 1.
"The South Carolina immigration law, as it pertains to employers, is — in my opinion — the toughest in the country," Knight said.
The law applies to businesses with one or more employees, and has the teeth to revoke business licenses, and not just with the state. The department of labor will also be working closely with U.S. Immigration and Customs Enforcement to deport the uncovered illegal workforce.
South Carolina businesses will face random audits, and complaint-driven and credible evidence-driven investigations.
The main requirement is mandating all S.C. businesses enroll in E-Verify instead of using I-9 forms, something that Settle, who hires 5 to 10 seasonal workers annually said appeared "fairly easy" to comply with. He wasn't anticipating any extra burden on his business.
However, since E-Verify is strictly online, one employer said it may create a "hardship" on businesses without computers.
The looming law is the second time the state has addressed those hiring immigrant workers.
In 2008, the state passed a bill punishing employers who knowingly hire illegal immigrants. Through May of this year, the department of labor audited more than 6,000 businesses, cited 500 employers and moved to shut down five businesses, according to Knight.
One business was closed for a period of 10 days for compliance issues, Knight said.
The 2008 law was overturned by the U.S. Supreme Court's decision on Arizona's similar law. Since May, the state has not had any illegal immigration law on the books, aside from the federal regulation.
"We'll be back in business come Jan. 1, enforcing a state immigration law," Knight said.
How Does a Business Become Compliant?
To become compliant, businesses need to take two steps: enroll in the online E-Verify through the Department of Homeland Security, and verify each new hire within three business days.
"It is fast and easy to use — and I always get a snicker when I say something with the federal government is fast and easy," Knight said.
Employers attending Tuesday's meeting who have already enrolled in E-Verify agreed when Knight asked if they found it easy.
Knight also claimed the new system would be less of a burden on employers.
"Here's the beauty of the E-Verify system: as an employer you don't have to be a document expert anymore," Knight said.
Knight was alluding to the employer previously verifying immigration status through use of an I-9 form, which has employers look at photo identification such as a driver's license as proof of residency.
"We saw a lot of South Carolina driver's licenses of super quality that were fraudulent," Knight said.
To enroll in E-Verify, click here.
What's New?
Unlike the 2008 law, which only revoked an imputed license of operation for noncompliance, the 2012 law will also revoke any agency permit, certification, approval, registration, charter or similar regulation, with the exception of a few businesses such as medical doctors and accountants due to the "red tape," Knight said.
But even when excepted, the imputed license bestowed upon every business in the state would still be revoked.
After the new law takes effect, there will be a grace period until June 30 where noncompliant businesses will get a warning, which consists of complying with regulations in three business days.
Post July 1, first-time violators are put on a one-year probation and required to submit quarterly reports on new hires and verifications. If more than one violation occurs in a three-year period, the employer's license is suspended from 10 to 30 days.
Under the 2008 law, any noncompliance meant employers were listed on the department's "scarlet letter" online database indefinitely. Under the new law, first-time offenders will be listed for six months, but repeat offenders will remain listed indefinitely.
"In small towns, like Summerville, competitors would use that against them," Knight said.
Who Gets E-Verified?
Any new employee must be entered into the E-Verify system after Jan. 1, or once a business has signed up for E-Verify online, Knight said.
While no illegal immigrants are "grandfathered" in the bill, employers cannot enter the current workforce into the E-Verify system, he added. Those employees are still subject to the I-9 documentation.
Knight said even businesses not anticipating making new hires should enroll now since an accident or economic turn-around could suddenly change the business plan.
What Happens to Those Who Knowingly Hire Illegal Immigrants?
According to Knight, there is no probationary period or warning for employers who knowingly hire illegal immigrants. Employers will face a license suspension for 10 to 30 days and foot the cost of the investigation. By the fourth occurrence, employers will have their licenses revoked for five years.
Who Can 'Turn In' An Employer?
Perhaps one of the most pressing concerns among employers is who can file a complaint with the department, sparking an audit. Knight said the complaint must come with documentation and be signed by the individual.
If a company is audited following a complaint, Knight said the department will release the complainant's name to the employer upon request.
"We wouldn't take a complaint from someone just saying 'We drove past a job site' … You've got to see the documents; we need some evidence," Knight said.
In addition to the random audits and the complaint-driven investigations, the department will also follow up on leads from ICE's investigations, Knight said.
What About Less Web-Savvy Businesses?
One attendee during Tuesday's presentation called the new regulations a "hardship" for small businesses that might not have a computer.
"We recognize that there would be small businesses that would be challenged," Knight said. "We've been talking with the librarians around the state … (and) staff will be familiar with E-Verify so when an employer comes in they can direct them to a computer."
Want to Learn More?
In the Lowcountry, the next training opportunities are 3 p.m. Wednesday at Berkeley County Chamber of Commerce and 2 p.m. next Tuesday at the Charleston Public Library in downtown Charleston.
Click here for videos and presentations to aid employers' compliance.
Tonto
10:53 pm on Tuesday, December 6, 2011
Congratulations South Carolina - www.buildtheborderfence.com
harry
10:33 am on Friday, December 16, 2011
MAYBE THIS WILL CHANGE THINGS.. EVERY CITY AND TOWN IS BROKE BECAUSE OF THEM.. THE COST OF SCHOOLS,HOSPITALS,JAILS,JOBS,WAGE RATES ETC ETC ETC. DAMN DEMS AND REPUBS FOR SCREWING THE TAXPAYERS AND DESTROYING THE FUTURE OF OUR CHILDREN.
stanley seigler
12:39 am on Wednesday, December 7, 2011
@PATCH "By the fourth occurrence, employers will have their licenses revoked for five years."
and how will this action effect the SC economy...and actions taken by 1-3 occupancies...
it seems a similar Alabama law is already having all kinds of unintentional consequences...eg;
in AL, Farmer Keith Smith says HB 56 will put him out of business. http://groups.yahoo.com/group/DDRIGHTS/message/7455
sad SC pols pander to raciest elements.
JimW
8:46 am on Wednesday, December 7, 2011
Personally, I do not want to conduct business with any organization that is not welling to comply with this law and will be looking for the online database of noncompliant businesses mentioned in the article. As for businesses having their licenses revoked, it seems to me this shouldn’t be a problem for any business unless they habitually violate the law.
harry
10:34 am on Friday, December 16, 2011
would you still say that if an illegal took your job?
stanley seigler
1:36 am on Wednesday, December 7, 2011
ps. this creates jobs how...
harry
8:13 am on Wednesday, December 7, 2011
it won't create jobs, but the job will be filled by an american citizen and NOT an illegal alien.
stanley seigler
10:43 am on Wednesday, December 7, 2011
@narry you think... and how long you think they will they last...
"Farmer (in AL) Keith Smith says HB 56 will put him out of business...Most of the non-Latinos that Smith has hired over the years last maybe a couple of hours at most, he says, before they quit" http://groups.yahoo.com/group/DDRIGHTS/message/7455
rick
7:01 am on Wednesday, December 7, 2011
Good for S.C. All states need this bill. I have had work done at my home ( Big Business) do work on my home, and you can or seems to ) tell they use illegals, none say speak a bit of English and do not know what you are saying, they have one guy that can speak for them. One company did some major work and I have a guarantee on this $20,000 job, so I will not say the name of the company, but I can't be 100% sure they are iilegals. Hope this law works and it is not just another thing they want us to hear.
stanley seigler
8:02 am on Wednesday, December 7, 2011
@rick "Good for S.C. All states need this bill"
if you feel this strongly, you should call ICE and have them deported...also;
you should terminate the contract and let a contractor who doesn't use illegals finish the job...and you should name the company to ensure nobody uses them...may cost you a little more...but what the heck you will have done your part to eliminate illegals...
oh/and dont worry about the peach crop rotting in the fields or the price of peaches going up...you will have done your racist part to eliminate illegals.
BTW you may want to read: "Immigration law hurts Georgia harvest"
http://www.dailyiowan.com/2011/07/01/Opinions/23958.html
harry
8:10 am on Wednesday, December 7, 2011
this will stop this madness.. sc has the highest increase in illegals. we have higher unemployment than the average.. every city and town is broke because of thm. schools,hospitals,prisons,jobs,wages etc etc etc. without a job, they will deport themselves.
stanley seigler
8:33 am on Wednesday, December 7, 2011
@harry "...because of thm"
yeah, and they caused the 2008 recession and the recent tornadoes too.
harry
10:36 am on Friday, December 16, 2011
is that your only arguement that i missed the e key while typing a word? pretty pathetic.
JimW
8:59 am on Wednesday, December 7, 2011
Do these types of laws really reduce unemployment for US citizens? The answer certainly seems to be yes …
Alabama House Majority Leader Rep. Micky Hammon, (R-Decatur), said the huge drop in Marshall County showed the power of Alabama's H.B. 56:
Hammond pointed to Marshall County, which he called "a known hotbed for illegal immigrant labor." He said the rate there was 8.1 percent for October, down from 8.8 percent in September and 10 percent in June, when the immigration law was signed. "When Marshall County's unemployment rate drops almost a full 2 percent since the law was signed, it's difficult to deny the law is having a positive effect on employment," Hammond said in his statement.
http://www.freerepublic.com/focus/f-news/2810136/posts
stanley seigler
10:30 am on Wednesday, December 7, 2011
@JimW "Do these types of laws really reduce unemployment for US citizens? The answer certainly seems to be yes...the huge drop in Marshall County showed the power of Alabama's H.B. 56..."
COMMENT
gawd is AL HB 56 ever powerful...caused the HUGE drop in unemployment in one cherry picked AL county...not to mention causing the drop in unemployment in the USA and in CA (where the DREAM act is in effect)
"...the unemployment rate for California fell 0.2 percentage points in October 2011 to 11.7%...The unemployment rate in California peaked in September 2010 at 12.5%"
http://www.deptofnumbers.com/unemployment/california/
and in TX
"...the unemployment rate for Texas fell 0.1 percentage points in October 2011 to 8.4%." (where the DREAM act is in effect)
"The answer certainly seems to be yes"...not yes, but hell yes...well actually;
all state immigration laws do is prove racism is alive and well and pandered to by the pols...and prolongs immigration reform...prolongs the inevitable: worker permits and a path to citizenship (amnesty) for long time residents...
hopefully it wont take as long as desegregation...
oh/and, you dont suppose the drop in one AL county could be for the same reason many explain the drop in USA unemployment, people stopped looking for jobs...
too bad the time spend on an useless immigration law could not have been spend developing jobs to reduce unemployment...
JimW
10:52 am on Wednesday, December 7, 2011
Calling people that support stronger enforcement of illegal immigration laws racist is an extremely lazy and pathetic tactic. The issue is not about racism or discrimination it is about addressing a very broken system.
I know there are needs for migrate labor, especially in agriculture. If there is a shortage of US labor then I support the use of legal foreign labor to fill the gap. However, the use of foreign labor must be managed in a way that is fair to employers, workers, and good for the country. Today it unregulated, dangerous for illegal workers trying to sneak into the country, damaging to our economy, and providing an open door for criminals and illegal items to slip into our country along with the illegal works.
If the current federal immigration laws do not provide a legal means for necessary foreign labor then this is part of the problem that needs to be addressed. If farmers are suffering because states are stepping up enforcement, then they should be pressing the federal government to implement a better legal immigration program. I don’t understand why anyone would prefer an illegal system to a legal system or get so upset about states enforcing laws to address problems that the federal government has chosen ignore.
stanley seigler
11:13 am on Wednesday, December 7, 2011
@JimW "...an extremely lazy and pathetic tactic"
COMMENTs
i know but true...i am a child of my beloved South and i know racism when i see/hear it...look at some of the comments re immigration on PATCH...eg, "they (them people, illegals) caused everything"
re: "...about addressing a very broken system"
agree with most all your opinions...so stop with blaming the illegals for all our ills...get racism out of the way and address the broken system...racist state laws... will/do NOT fix the system...just prolong the agony.
stanley seigler
12:36 pm on Wednesday, December 7, 2011
ps.
@JimW "...then they [farmers] should be pressing the federal government to implement a better legal immigration program.
then the states should be pressing the federal government (their reps and sens) vice expending energy writing laws that pander to the racists and create problems for our economy and are not probably legal...
BTW the D's would have helped bush and mccain pass uniform immigration reform...
Jay Bennett
2:26 pm on Wednesday, December 7, 2011
Say Seig; Enough Already; we all know you favor amnesty and not enforcing the current Federal laws. You don't need to respond to every comment with your looney tunes retorts. Enough; you've made your point, get up from that sofa at Starbuck's that you have been sitting in all day and let a paying customer have it; that's me behind you waiting for that seat.
stanley seigler
4:10 pm on Wednesday, December 7, 2011
@JB
the exchange was with JimW...and there was no need for you to waste your time responding...unless you just wanted to show you are a real cuti...well, you are too cute by 1/2...
BTW i have never been in a yuppie starbucks...evidently you frequent them...this my last response to your yuppie starbucks mentality...well unless you have anything of substance to contribute...which is doubtful exists.
JimW
1:30 pm on Wednesday, December 7, 2011
@Stanley
I’m glad to see that we have some common ground. I am disappointed at the continuous use of term racists and racism. Let me make this as clear as possible:
Are there people with racist views in SC, throughout the US, and throughout the world: Yes
Does supporting stronger enforcement of immigrations laws make you a racist: No
I do not feel that people working here illegally are the cause of all of our problems. In fact, I feel people that hire them knowing they are here illegally are a bigger problem. The way I understand the article above the new law is aimed primarily at businesses that are currently breaking existing laws and not directly at workers. If the businesses that leverage this low cost labor force are allowed to stay the course and keep hiring workers illegally what is their incentive to lobby for a better system? Also, under the current system who is watching out for the interest of the workers?
Jay Bennett
2:28 pm on Wednesday, December 7, 2011
I know, I know; everyone who wants to enforce our immigration laws; Federal or State; are racist. We just hate those people who come here illegally, costs our state and federal governments billions, in some cases murder our citizens. Yesssir; we just hate those people.
stanley seigler
3:45 pm on Wednesday, December 7, 2011
@Jay Bennett
not sure how your facetious hyperbole adds to a discussion...but if you have and back up for the billions it cost SC and USA...and that illegals are more likely (sounds kinda racist) to murder citizens like you than our home grown fellow citizens...please provide...and;
yes, my opine is much of immigration issue is racist motivated as is the position of some re BO.
stanley seigler
3:18 pm on Wednesday, December 7, 2011
PPS
SC citizens (including state legislators) might begin by pressing sen demint:
[CLIPS]
In 2006, Senator DeMint opposed attempts to pass amnesty for illegal aliens through a "comprehensive" immigration package.
Senator DeMint has vocalized his support for a border fence numerous times
Senator DeMint also strongly opposed attempts in 2007 to grant amnesty to illegal aliens through another "comprehensive immigration reform" plan.
When the Congress tried to bring the bill back up, Senator DeMint gave a one minute speech where he said "What part of No don't you understand." [end clips]
In April of 2006, Senator DeMint released two press statements noting that he was voting against the Senate versions because:
1 Rewards Illegal Behavior with Clear Path to Citizenship and Voting Rights – Amnesty
2 Creates Temporary Worker Program That is Neither Temporary Nor Work-Based
3 Unprecedented Wave of Immigrants - 66 Million Over 20 Years
4 Insufficient Border Security
5 Terrorist Loophole Disarms Law Enforcement
6 Social Security Benefits, Tax Credits for Illegal Work
7 Costs Over $50 Billion A Year to Federal Government; States Foot The Bill for Immigrant Health Care
8 Hurts Small Business
9 Gives Some Immigrant Workers Greater Job Protection Than American Workers
10 Weak Assimilation/English Requirements
was opposed by some left wingers as well...opine: concerns of both wings cudda/sudda been resolved...and not sure the pro/cons were legimate...original
harry
10:40 am on Friday, December 16, 2011
we have ten thousand trops in england.... is england about to be invaded? since they are being paid, fead etc why not bring them home to our borders. that would solve the problem of illegals and drugs without costing a dime more than what we are paying now. ps.. thats the same with germany, are they about to be invaded?
stanley seigler
4:44 pm on Wednesday, December 7, 2011
@JimW "I'm glad to see that we have some common ground."
always felt there was common ground...and apologies for continuous reference to racism...probably a result of my guilt for accepting racism when i was growing up and into my early 20's
believe our only difference is how to achieve universal immigration enforcement/reform...i dont believe each state having their own policy will work...its a federal issue and our reps and senators should be pressed to enforce and reform as necessary...
finally: of course wantng enforcement of immigration laws does not make one a racist...that said, opine: race is alive and well and does contribute to gridlock on some issues...immigration reform for one.
Mimi
7:44 pm on Wednesday, December 7, 2011
This is bill nothing but another slap on the hand to the criminals ignoring the FEDERAL law against hiring an illegal. If you stop blaming the worker for taking a job that gives him more money than he can earn in his own country to care for his family and slam the people hiring them simply to exploit the cheap labor all in the name of profits. I wonder how farmers will avoid this law simply by hiring the crew leader and making all payments through him/her and ignoring the fact he doles out money to the illegals.
harry
10:42 am on Friday, December 16, 2011
what about all the immigrants who are waitng for approval o rwhat about those americans without a job?
Tonto
9:46 pm on Wednesday, December 7, 2011
There is something to do - www.buildtheborderfence.com :)
stanley seigler
11:24 pm on Wednesday, December 7, 2011
@Mimi "This is bill nothing but another slap on the hand..."
it's not even a slap on the system's hand...it's a distraction...an illusion of progress...it does nothing to fix a broken system...it exacerbates the problem.
SC legs and voters should have spent the energy/time lobbying SC fed senators and reps to write and pass a comprehensive immigration bill...
harry
10:44 am on Friday, December 16, 2011
we already have a law... it states it is against the law to hire an illegal alien... what is it you don't understand? put troops on the border to stop this invasion of job takers and drugs.
Wuzup
1:32 pm on Sunday, January 15, 2012
I certainly agree that something needs to be done regarding illegals, but where I am from the citizens of the US just do not want to work. They don't have to. OUR federal government keeps them up by providing welfare, disability, etc. They sit on they're front porches and wait for their government checks to arrive. The only people that want to work are the immigrants. I do agree that they need to be here legally. If it wasn't for them, there would be no construction, no farming, etc. Some americans just do not want and will not work. If something needs to be fixed, maybe its the governments system of handling the welfare, etc. Quit giving more money to women who continue to have babies just to get more welfare. How about the guy who claims he hurt his back just to draw disability but then works on the side. I have no problem with illegals who are here trying to provide for their families and still pay taxes. They can get work visas, let the government make it easier to their citizenship. Let them sign up to work and help pay all these high tax bills. We can't send them all back, let's utilize them. Where the problem comes in is the employer pays them in cash. It's untraceable. If they all had a type of work card, then the employer could pay them as they would every other american and they would be paying taxes that go to schools, roads, etc.