Critics say state immigration proposal doesn't go far enough

On Thursday, members of South Carolina's House of Representatives passed a bill intended to stanch the flow of illegal immigrants into the state. But critics say it isn't stringent enough to be effective.

If the bill becomes law, it would penalize employers of illegal immigrants who contract with state or local governments. Businesses receiving such contracts would either have to verify the legal status of new hires through the Department of Homeland Security or make sure new employees have a valid state driver's license. A company found in violation could be fined 5 percent of the worth of the project.

A provision in the legislation also would prohibit any employer from claiming the wages of an illegal worker as a tax deduction, which is currently allowed. But the bill doesn't include a way to enforce prohibiting that deduction.

The bill also would allow legal workers employed in private and public businesses who are fired to sue if their bosses knowingly employ illegal immigrants in their place.

Critics of the legislation say the legislation doesn't go far enough and is watered down in key areas.

Ebba Gamer, president of Citizens for a Better Community, a local anti-illegal immigration group, said the bill is too lax regarding private-sector businesses.

"Unless they put some meat into this about covering all businesses, it's a worthless bill."

Gamer also said the penalties for government contractors who hire illegal workers are too lenient.

Rep. Bill Herbkersman of Bluffton, who voted in favor of the bill, said it isn't perfect. He said businesses that don't contract with local and state governments shouldn't get lighter treatment when it comes to hiring illegal workers.

But ultimately, Herbkersman said he supported the legislation because he believes it is a step in the right direction.

Rep. Richard Chalk of Hilton Head Island, who also voted in favor of the bill, said while it may not be "as stringent as some people would like, it represents a good faith effort in moving forward."

Another criticism leveled at the bill is that it would override county and municipality ordinances, which are tougher than the state law.

However, local immigration lawyer Melissa Azallion said Beaufort County's business license audit would probably be unaffected by the state bill because the local program deals specifically with the federal requirement for maintaining immigration documents.

Luis Bell, executive director of the Latin American Council, said the state's efforts at addressing illegal immigration would add to confusion over immigration law. He said those laws are increasingly becoming different at the local, state, and federal levels.

"We're in a situation where everybody is making their own laws and there is no uniformity," said Bell, who added that the U.S. Congress is better suited to change immigration law.

The next step in passing a state bill is for the S.C. Senate to pass a version of the it.

Sen. Catherine Ceips of Beaufort said Thursday she was eager to look at the final House bill and said she would work to make sure that the penalty on government-contracted businesses would "be tougher than a slap on the wrist."