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2:45 pm
Fri July 6, 2012

South Carolina Illegal Immigration Law May Align With Supreme Court Decision

South Carolina law enforcement officials may soon be permitted to verify immigration status under certain circumstances. 

This past December, U.S. District Judge Richard Gergel blocked certain provisions in South Carolina's illegal immigration law from going into effect.  This included a provision allowing law enforcement to ask the citizenship status of people stopped for another reason, such as speeding or other violations.

A U.S. Supreme Court ruling last month on Arizona’s illegal immigration law may affect South Carolina and 4 other states.  The high court decided Arizona over-reached its power because the federal government maintains the right to “establish a uniform rule of naturalization.”  However, justices did not rule on the constitutionality of verifying immigration status when arresting or detaining someone for legal reasons.  A review will be held on Monday to determine how a similar provision in South Carolina’s immigration law complies with the Supreme Court decision.