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Penalties for Employers of Illegal Workers Not Included
 House Speaker Bobby Harrell outlines proposed immigration bill in Greenville. South Carolina House Speaker Bobby Harrell and Majority
Leader Jim Merrill surrounded by House members from around the state
announced proposed legislation to deal with the growing problem of
illegal immigration in the Palmetto State. Speaker Harrell and members
of the House Republican Caucus announced the plan at Greenville’s City
Hall, Monday morning.
The House failed to allow a vote on a Senate plan last year that had broad grass roots support and drafted new proposed legislation for consideration this year that is said to be more acceptable to the State Chamber of Commerce.
While the proposal is strong in most areas, critics fear that it does not include adequate penalties for employers who intentionally hire illegal immigrants who compete unfairly with legal residents.
“After talking with constituents around our state, it is clear that South Carolinians want to see something done about illegal immigration,” said Speaker Harrell. He said the proposal is “the strongest reform package anyone has put together and it addresses this issue head on”
Speaker Harrell said the number of illegal immigrants in South Carolina has exploded in the last decade 15 fold from the estimated 5,000 that were here ten years ago. To date, there are an estimated 75,000 illegal aliens residing in our state.
“From what we know and can calculate, illegal immigration is costing South Carolina taxpayers over $186 million a year. A cost that will grow exponentially if nothing is done.
“If our state does not take action while our neighboring states continue to, South Carolina will become a safe haven for illegal aliens and our taxpayers will heavily bear that cost.”
A summary of the proposal follows:
Memorandum of Understanding
The Chief of SLED will enter into negotiations with the Federal Government to attempt to reach an understanding that would allow South Carolina to enforce federal immigration laws on the state level, determine reimbursement for the detention of illegals, training of law enforcement and deportation.
Speaker Harrell said, “This is one of the most useful tools we can use to fight illegal immigration. This working relationship with the federal government will provide us and law enforcement with the training, funds, and ability that should result in the deportation of illegal aliens.”
Crimes Committed by Illegal Aliens
Law enforcement will ascertain the immigration status of any person arrested and detained for committing a crime. If the arrested person is illegally in the US, law enforcement will notify the Department of Homeland Security and the cost of the detainment will be billed to the federal government.
Speaker Harrell said, “If someone comes to our state illegally and commits a crime, there is no reason why they should stay here while South Carolina taxpayers foot the bill.”
Bond for Illegal Aliens
A magistrate setting bond will consider a person’s immigration status when setting that person’s bond.
Speaker Harrell said, “Illegal alien criminals can be huge flight risks. Because of the difficulty we have in tracking these criminals down after they commit a crime and flee, a judge should be able to consider that fact when setting the bond for an illegal alien who has committed a crime.”
Illegal Alien Financial Fraud
A person cannot create or alter financial documents used to gain illegal entry into the US, and they will lose any benefits received from this fraud. Also, provides a civil cause of action for any person who can show an ascertainable loss as a result of such a fraud.
Majority Leader Merrill said, “You cannot address illegal immigration without addressing the rampant use of fraud that accompanies it. That is extremely unfair to those who follow the rules and work so hard to come here legally.”
No Sanctuary Cities
No town or city in South Carolina can ignore our immigration laws and become a safe haven for illegal aliens, as has happened in some cities around the country.
Majority Leader Merrill said, “South Carolina cities will not be able to imitate the unlawful actions of cities like San Francisco, who defy current laws by becoming a Sanctuary City for illegal aliens.”
No Public College Admission and No Scholarships for Illegal Aliens
No illegal alien would be permitted to attend any state supported college or university in South Carolina. Also, no illegal alien will receive any state sanctioned scholarships or benefits if they were to attend a private college or university.
Speaker Harrell said, “We should not pay for or allow an illegal alien to take the place of a South Carolinian in one of our many excellent colleges or universities.”
Illegals will not receive benefits from South Carolina Taxpayers
Illegal aliens will not be entitled to public benefits provided by taxpayer funds. Signed affidavits will serve as temporary authorization until status is verified through the SAVE program. Falsifying an affidavit will be a felony offense.
There are certain legal exclusions such as disaster relief, criminal domestic violence services and emergency medical services.
Majority Leader Merrill said, “South Carolina taxpayers work hard for their money, and their tax dollars should not be paying for benefits and welfare of illegal aliens who are not participating in the system the way legal South Carolina residents do.”
Public Employment of illegal aliens
Employers who have public contracts must verify the legal status of employees through a federal work authorization program.
Majority Leader Merrill said, “Your tax dollars should not be used in the unlawful employment of illegal aliens.”
Employment Protection for South Carolinians
Creates a civil right of action against any employer who terminates an employee while retaining a person the employer knows or should know is not legally present in the US.
Majority Leader Merrill said, “Legal South Carolina citizens should not be losing their jobs to illegal aliens. But if an employer tries to do this, the legal citizen needs a course of action they can take. This also encourages employers to hire legal South Carolina workers instead of illegal aliens.”
No Harboring of Illegal Aliens
Makes it a felony to transport, conceal, harbor or shelter an illegal alien with the goal of furthering that illegal presence.
Speaker Harrell said, “We should not allow the encouragement and aid that makes it easy for illegal aliens to slip into our state and stay here illegally.”
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