ISSUE: Illegal immigration

OUR VIEW: While federal government should act, state should not sit idly by

The S.C. Legislature has put combatting illegal immigration high on its list of priorities for the new session. A majority of South Carolinians will approve.

While Orangeburg Sen. Brad Hutto during the recent S.C. Press Association Legislative Conference correctly emphasized that state lawmakers are limited in what they can do until the immigration issue is addressed federally, South Carolina should not wait on Congress and the president to come to some accord on the issue, particularly as neighboring states are taking action.

House Speaker Bobby Harrell and Majority Leader Jim Merrill are taking the lead in putting forth a plan to address illegal immigration as a state issue. They are calling on the Senate to get on board after immigration legislation stalled in the upper chamber for two consecutive years.

Ironically, one of the key components of what the lawmakers are calling The South Carolina Plan will require federal cooperation. The legislation instructs the chief of the State Law Enforcement Division to enter into negotiations with the federal government to reach an understanding that will 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.

"This is one of the most useful tools we can use to fight illegal immigration," Harrell said. 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."

The legislation also addresses:

* Crimes committed by illegal aliens. Law enforcement would ascertain the immigration status of any person arrested. If the arrested person is illegally in the United States, law enforcement will n.jpgy the Department of Homeland Security and the cost of the detainment would be billed to the federal government.

* Illegal alien financial fraud. A person could not create or alter financial documents used to gain illegal entry into the United States.

* 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.

* No public college admission and no scholarships. 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.

* No benefits from South Carolina taxpayers. Illegal aliens will not be entitled to public benefits provided by taxpayer funds.

* Public employment of illegal aliens. Employers who have public contracts must verify the legal status of employees through a federal work authorization program.

* 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 United States.

* 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.

The Republican leaders insist the legislation is needed in the face a growing wave of illegal immigration. They estimate the number of illegals in South Carolina has grown to 75,000 from 5,000 10 years ago.

And while many of the provisions of the legislation appear to be covered in existing statutes and under federal law, spelling out the intention of state government to curb illegal immigration, prevent use of taxpayer dollars for illegals and punish employers who hire or harbor illegals is a necessary step.

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