By Noelle Phillips · The (Columbia) State -
Updated 11/26/06 - 12:05 AM
The S.C.
Senate has heard voters' cries over immigrants flowing into South
Carolina.
Now, senators want to pass a bill to curb illegal immigration,
but any legislation faces a journey that's as treacherous as the
route across the Arizona desert.
Among the potential traps are:
• Opposition from businesses that depend on immigrant
labor.
• Protests from critics who say Hispanics and other
immigrants legally in the United States could face discrimination.
• Legal challenges claiming constitutional violations.
• Claims that federal law takes precedence over state
law and that the issue should be left to the federal government.
Still, senators said they will respond to voters' concerns.
"We have got a lot of constituents who are concerned that our
resources are being used up by illegal immigrants," said state Sen.
Ronnie Cromer, R-Newberry.
Cromer represents Newberry and Saluda counties, which have seen
an influx of thousands of immigrants coming to work in the poultry
industry. He said the illegal immigrants are straining schools and
the health-care system.
"We don't have a problem with the legal ones who pay taxes," he
said.
Immigration legislation is popular for state governments.
In 2006, 33 states enacted 78 immigration-related bills that deal
mostly with employment, public benefits and human trafficking,
according to the National Conference of State Legislatures.
In South Carolina, state Sen. Jim Ritchie, R-Spartanburg, is
leading a Senate judiciary subcommittee given the task to draft a
bill for the 2007 session.
The subcommittee has used a 2006 House bill as its model. The
House approved the bill in 2006, but the Senate did not vote on it.
The proposed legislation includes provisions that would put
demands on local and state law enforcement, but the bulk of the
ideas being discussed would affect businesses.
Ann Morse, the National Conference of State Legislatures' program
director, said state governments are tackling the issue because of
inaction on the federal level. People see immigrants in their
hometowns and become concerned about their impact, Morse said.
Illegal immigration plays on people's fear of terrorism, she
said. And the issue plays well for politicians looking for votes,
she added.
Georgia passed immigration reform in 2006. North Carolina also
has stiffened laws on immigration enforcement.
Ritchie doesn't want South Carolina to be left behind. "We want
to make sure we don't become a safe haven while our neighbors are
acting," he said.
However, fixing the immigration problem is easier said than done.
'Good business is paying'
The biggest roadblock will come from businesses.
Already, farmers, construction companies and the tourism industry
have spoken out against state immigration reform.
The S.C. Chamber of Commerce wants the Legislature to drop the
issue, said Marcia Purday, a chamber spokeswoman.
"Immigration is a federal issue, and state-by-state mandates will
complicate it," Purday said. "These piecemeal, localized solutions
need to be avoided."
Small businesses would face extra financial burdens, she said.
"Many of the businesses in this state rely on immigrant workers
-- especially small businesses," Purday said. "If they became the
policemen for immigration, it would add another layer of expense
onto these already stretched businesses."
Federal law already requires businesses to check the legal status
of employees, said Allen Amsler, president of McCrory Construction
in Columbia.
Amsler said his company does not hire undocumented workers,
although he acknowledges the construction industry has a reputation
for hiring them.
Good businesses try to do the right thing, said Amsler, who also
is on the board of directors for the Carolinas Association of
General Contractors.
"Unfortunately, there's folks out there who do it and get away
with it," he said. "Good business is paying the price. They
shouldn't go after business.
We haven't let them cross the border. I don't know that we should
be taking the responsibility for it."
'Big business is responsible'
Those pushing the state to act say the Legislature must put
pressure on businesses.
Roan Garcia-Quintana, executive director of the Americans Have
Had Enough Coalition in Mauldin, says undocumented workers will
leave South Carolina if they are cut off from jobs.
"People are saying they do the jobs Americans don't want to do,"
he said. "I say finish that sentence: It's the 'jobs Americans won't
do for $3 or $4 an hour.'
"If you follow the money, you see big business is responsible for
bringing all these people in here."
Garcia-Quintana said states must take on immigration reform
because the federal government has acted too weakly -- including the
plan to build a 700-mile fence.
"For every fence you put up, someone's going to put a store to
sell ladders and shovels to get around it," Garcia-Quintana said. "I
feel strongly we need to put a stop to all of this."
Any Hispanic opposition?
Garcia-Quintana is a Cuban immigrant who legally came to the
United States as a child. He says uncontrolled illegal immigration
is unfair to all those who got legal permission to enter the United
States.
His opinion is just one example of the diverse Hispanic
population, and that diversity is one reason the community hasn't
mounted opposition to the Legislature's move toward immigration
reform, said Tammy Besherse, an attorney with the South Carolina
Appleseed Legal Justice Center.
Besherse also said it's hard to organize opposition when no one
is sure what the immigration bill will look like.
"Right now, they're just drafting," she said. "We don't know what
it's going to be."
But Besherse says state-level immigration reform will lead to
discrimination against Hispanics.
"It just doesn't affect those who are here illegally," she said.
"It will affect those who are citizens. You can't tell by looking
that someone is here illegally."
For example, some proposals on the table would require businesses
to check immigration status through a federal database, Besherse
said.
"Are employers going to go through that hassle?" she said. "If
they see someone who looks or sounds foreign, are they going to go
through all those hoops to hire them? That could lead to
discrimination."
Irma Santana, executive director of the Coalition for New South
Carolinians, said many who want the state to pass immigration laws
do not understand the Hispanic community. Immigrants come to work,
not to cause problems, she said. It is impossible to look at
Hispanics and know whether they are documented or not, she said.
"Sometimes, even if you speak English, you speak Spanish with
your family," Santana said. "What can we do to educate the American
people? I don't think they mean to be racist or prejudiced. I just
think it's ignorance."
'Leeching off our system'
But the S.C. voters who say illegal immigration is out of control
are loud in their demands for action.
Community groups, including one called Save Our Saluda, are
popping up around the state.
Save Our Saluda formed this year after residents realized
thousands of immigrants had moved to their county.
Marti Adams, a co-chair, said Save Our Saluda doesn't oppose
legally documented immigrants moving to the community, but "these
other people are leeching off our system."
The group has called on its representatives for help, including
Cromer, who represents Saluda County, she said.
"My hope, on a state level, is we stop spinning our wheels and
get something done," Adams said. "The situation is worsening
daily."