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The authority to address illegal immigration already exists in our government – Constitutional Convention not necessary
For quite some time, South Carolinians and the rest of the nation have been waiting on Congress to respond to the problem of illegal, undocumented workers in this country. The issue of illegal immigration in the United States has not only grown as an issue in public policy, but in the number of people entering this country illegally. And during that time, a growing number of legal citizens in South Carolina have called upon our federal government to act in response to this growing crisis. Their in-action has left little doubt as to the reason why state level governments across this country have decided to move forward in responding to this problem.
Recently, the idea of having the South Carolina General Assembly petition Congress to hold a constitutional convention on the matter of illegal immigration was thrown into the discussion in editorial pages and newspapers across this state. Such an action would require a significant amount of time. And with an estimated 12 million illegal immigrants in this country – perhaps tens of thousands of them right here in South Carolina – we believe time is running out. The challenges surrounding immigration reform can be resolved at the federal level without such a convention. Also, legislation currently under consideration by our General Assembly can play a role in fixing this problem.
The idea of calling a Constitutional Convention because we are unhappy with the lack of response from our elected officials in Congress is specious. It sounds like a genuine response to their in-action. However, Constitutional Conventions should be reserved for addressing fundamental needs, or the lack thereof, in our system. Congress currently has the authority to enforce existing laws, and the ability to pass new laws to achieve the goal of stopping the flow of illegal immigration into this country. Their problem is not a lack of authority or mechanism needed in the Constitution - it’s more likely one of courage. Indeed, we have a very effective mechanism already in place to address their lack of action – it’s called the ballot box.
There has never been a constitutional convention called in the history of this country, except the one in the summer of 1787 from which the Constitution itself was born. And, while a modern-day convention undoubtedly would make for interesting and unprecedented political theater, we still believe that the Congress and the SC General Assembly have the authority to act.
At the state level, legislation currently in both chambers of the General Assembly would have a significant impact on illegal immigration in South Carolina. One bill alone, in the Judiciary Committee of the House of Representatives, would remove ‘back-door’ financial breaks that both businesses and undocumented workers receive, and inject some responsibility back into the employment system through hiring practices. It would also enhance the ability of South Carolina’s law enforcement community to effectively pursue and prosecute those who enable the influx of illegal immigrants into the state.
Georgia has already passed illegal immigration legislation. If our other southern neighbors follow suit, South Carolina could be on the outside looking in, waiting for the federal government to act, and making the problem in our state worse by not having legislation on the books to deal with it.
Imagine what would happen if the surrounding states – taking action where the federal government hasn’t – all passed some form of immigration reform at the state level. South Carolina could be exposed to an endless stream of illegal workers coming into the state. That could create an even bigger problem, and a larger burden on taxpayer’s wallets.
Simply waiting for the federal government to act translates into throwing money down a very long drain and putting an unnecessary burden on the hard-working South Carolinians that have the unwelcome cost of providing millions of dollars in services to a portion of the population that is here illegally.
Lastly, it sounds somewhat of a paradox that new legislation would be necessary to resolve existing legislation addressing a subject already deemed illegal. However, in this ever-increasing litigious society, man-made laws must be re-examined over time to close loopholes and fill in necessary gaps that can give law enforcement officials the concise authority needed to do their job.
We are confident that the South Carolina House of Representatives will respond to the issue of illegal immigrants in our state; indeed, it will be our first priority when we return in January.
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Rep. Phillip Shoopman represents District 18, SC House of Representatives
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