SC Illegal Immigration Reform Act compliance - Not that difficult

If you're a business that hires employees and does business in the Palmetto State, you'll want to be very aware of the new requirements for verifying that new hires are eligible to work in the U.S. According to the Charleston Post and Courier:


The law, aimed at curbing illegal immigration, kicks in July 1. It requires private companies with more than 100 employees to verify the legal status of new employees by requiring proof of either a South Carolina driver's license or identification card or a license from another state with equally strict eligibility requirements. Companies also can use the U.S. Department of Homeland Security's online E-verify system.

The requirements are part of the South Carolina Illegal Immigration Reform Act, which the General Assembly passed last year. The first phase of the act went into effect Jan. 1 and required public employers and government contractors to begin verifying the legal status of new hires.

Companies face fines of up to $1,000 for each offense, and suspension or loss of their business licenses for repeat offenses. The law will be enforced through random auditing by the state Department of Labor, Licensing and Regulation.


According to the SC LLR website, businesses that opt not to use the federally-provided E-Verify system must require new employees to present valid state-issued IDs from South Carolina or any of the other following states, which are considered to be pretty hard to fake:

AK, AZ, CT, FL, GA, ID, IN, ME (credentials issued after 11/15/08), MA, MI, NH, NJ, PA, RI, TX and VA.

This means licenses from states not listed above, as well as the bogus "International Driver's License", are not valid for identification for the purpose of complying with the S.C. IIRA.

Whether you use E-Verify or opt to accept an ID from one of the above states, you are still required to follow the federal I-9 form process. As someone who does hiring, I'll tell you that complying with these requirements is so simple, that there's no excuse for not abiding by the terms of this new state law.

I use the E-Verify system as part of the HR work I do for my company. It takes minutes to authorize US citizens for employment, and it took less that 48 hours to flag someone who may have been using fradulent work visa documents (that employee opted to quit). While there are some concerns about the requirement that employers who use E-Verify must open their personnel files to inspection by the feds, my company has been using E-Verify for over a year now and we haven't had any problems.

E-Verify is an easy way to comply and take the guesswork out of hiring, especially if your HR staff doesn't know what a driver's license from Arizona or Maine looks like. If you have any questions about using E-Verify,
email me at earl@earlcapps.org and I'll be glad to discuss the my experience with that verification system.

In the next posting, I'll discuss the fallacy of the "International Driver's License". Trusting these documents can result in a company hiring an illegal alien and create the potential considerable financial liability. If you're one of my readers who actually works in the private sector and is responsible for human resources, you'll want to read this.

1 Response to "SC Illegal Immigration Reform Act compliance - Not that difficult"

  1. Brittanicus 24/6/09 14:59
    In the 1986 BLANKET AMNESTY, hundreds of thousands of more poor, uneducated people tried to sneak into the United States, before the new law was enacted giving guest workers a path to citizenship.? Then when the word went out that an imminent AMNESTY was in the works , millions more from every corner of the world, but mainly over our border began bringing themselves across the open border-no matter the cost? The Simpson/Mazzoli bill twenty three years ago was to give guest workers a chance of citizenship, but it became inundated with fraudulent immigration petitions. Their was a black market for papers, including landlord documents, utility bills for illegal aliens who hadn't been in America, for the specific time required by the act. The 2 million illegal immigrants who petitioned for residency, turned into about 5 million--who in turn were allowed to sponsor their extended families.

    THE SAME TRAVESTY OF OUR IMMIGRATION LAWS IS GOING TO HAPPEN AGAIN.

    So all those who came here under--CHAIN MIGRATION--fathers, mothers, sisters, brothers, eventually became the financial charges of US taxpayers, when their original sponsors reneged on supporting them all. With the American jobless rate nearing 11 percent, what are these politicians possibly thinking, when discussing yet another immigration AMNESTY? Their is no possible gain for the betterment of the American people, as they have been carrying the financial yoke of supporting the illegal labor of nationwide businesses and contractors to this day? Now they want to stick the US population with even higher taxes to subsidize the corporate world?

    None of these predatory legislators follow the US Constitution anymore, as all they think about is being re-elected, with campaign contributions from the corporate benefactors.

    San Francisco, another Sanctuary city like Los Angeles is overrun by millions of illegal aliens. Both cities and all states who have become a refuge for illegal aliens and criminals alike, should have mandatory immigration laws enforced.

    They show no integrity, no loyalty and boarders on tyranny when our Democratic leaders such as Sen. Harry Reid and Nancy Pelosi followed by an equally anti-sovereignty group, try to secretly forestall or even kill the E-Verify federal identity application. The ACLU, enforced by the US Chamber of Commerce tried to pitch the E-Verify success rate in the trash. But the American people got wind of it and have no intentions of letting go, as it's the only progressive tool to eject illegal workers from the workplace. The Pro-illegal labor special interest lobby, do not even inform the general public that irregularities can be resolved with the Social Security Administration? It's the federal location where illegal aliens, will not set foot into, as they would be justifiably be detained.

    The majority of Democrats have already started a wretched campaign to undermine workplace ICE raids and also chosen to underfund 287 (g) the local police arrest and detain enforcement. Every law that reasonable, honest lawmakers have drafted during the Bush era is being undermined or under funded. Where E-Verify is concerned in the Save act amendment, they have even removed it's mandatory use in the Stimulus bill, allowing contractors to hire at least 300.000 illegal workers meant for jobless Americans. The race is on now for a portion of citizens and green card residents to determine what they want? Another Blanket Amnesty with all it's conditions will cause unmentionable OVERPOPULATION of some 150 million more people in our country. With the consequences of higher taxes and shortages of food and even more poverty for our own poor, that we will bring upon ourselves. Facts at NUMBERSUSA. JUDICIALWATCH AND AMERICANPATROL. Demand--NO--AMNESTY--NO PATH TO CITIZENSHIP! CALL YOUR SENATOR OR CONGRESSMAN NOW! today!

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