Judge Reconsiders South Carolina Immigration Law After Arizona Ruling

REUTERS

By Harriet McLeod

July 9, 2012

http://www.reuters.com/article/2012/07/09/us-usa-immigration-scarolina-idUSBRE86812Q20120709

A federal judge in South Carolina revisited his order blocking parts of the state's immigration law on Monday, two weeks after the U.S. Supreme Court ruled on a similar measure in Arizona.

The Supreme Court on June 25 upheld a controversial aspect of Arizona's law that requires police to check the immigration status of people they stop. South Carolina's law also includes that provision.

U.S. District Judge Richard Gergel in December had blocked that piece of the law and others from taking effect in South Carolina. But following the Supreme Court's decision, the judge said he would revisit his ruling from December.

"It appears likely that the court will find it necessary to revise some portion of its preliminary injunction order," Gergel wrote in his June 28 order setting the new hearing.

The judge held the hearing on Monday by teleconference in his chambers in Charleston. The media were not allowed to attend. A court assistant said Gergel was expected to issue an order later on Monday.

South Carolina is one of five states - including Alabama, Georgia, Indiana and Utah - that modeled their laws after Arizona's crackdown on illegal immigrants.

The Supreme Court struck down a provision in the Arizona law that called for immigrants to obtain and carry special identification papers. South Carolina's law has a similar requirement, which state Attorney General Alan Wilson recently said he considers dead in light of the high court's decision.

South Carolina's measure also provides for a special state police Immigration Enforcement Unit with unique uniforms and marked cars.

The state police began hiring and training the officers in January and will be ready to start enforcing the "legal stop" provision this month if the injunction is lifted, Department of Public Safety spokeswoman Sherri Iacobelli said last month.

The decision on the Arizona law did not directly address the part of South Carolina's measure that makes it a felony for anyone to knowingly harbor or transport an illegal immigrant.

Wilson has said he would ask the U.S. 4th Circuit Court of Appeals to let that provision take effect.