CHARLESTON, S.C., Oct 31 (Reuters) - U.S. President Barack
Obama's administration asked a court on Monday to block parts
of South Carolina's new immigration law, arguing the federal
government had pre-eminent authority over immigration matters.
The U.S. Department of Justice sought an injunction in
South Carolina against enforcement of portions of the state
law, which toughens measures against undocumented immigrants
and is set to take effect on Jan. 1.
The Department of Justice also sought a declaration from
the court that provisions of the legislation were invalid on
the grounds that they violated the Supremacy Clause of the U.S.
Constitution and preempted federal law. "The United States
Constitution forbids South Carolina from supplanting the
federal government's immigration regime with its own
State-specific immigration policy," said the filing submitted
by U.S. Assistant Attorney General Tony West.
Obama's administration has already moved to challenge
strict new immigration legislation in Alabama. Last month the
U.S. Court of Appeals for the 11th Circuit granted the
administration's request for a temporary injunction on two
provisions of the legislation, including one that would permit
the state to require public schools to determine the legal
residency of children upon enrollment. However the court
refused to issue injunctions on other provisions. Judges have
also blocked parts of similar laws enacted in Georgia, Arizona,
Utah and Indiana aimed at trying to deter illegal immigrants
from coming to those states.
The South Carolina law, passed this year by a
Republican-led state legislature, requires police to check the
immigration status of people they suspect of being in the
country illegally after stopping them for another offense.
A spokesman for South Carolina's Republican governor, Nikki
Haley, who had signed the tougher immigration measures into law
in the summer, said the state would fight to enforce them.
"If the feds were doing their job, we wouldn't have had to
address illegal immigration reform at the state level,"
spokesman Rob Godfrey said.
Some conservatives complain the federal government has
failed to sufficiently stop the flow of illegal immigrants into
the country, forcing states to take action. Opponents of South
Carolina's law say it would invite racial profiling.
There are an estimated 11.2 million illegal immigrants in
the country, including 30,000 to 75,000 in South Carolina,
according to the Pew Hispanic Center.
The law makes it a crime to knowingly transport or harbor
an illegal immigrant and sets up a unit within the state police
to deal with immigration issues and serve as a liaison between
local authorities and federal officials.
Under the new law, employers will also be required to use
the federal E-Verify system to check the citizenship status of
employees and job applicants, and will face penalties for
knowingly employing illegal immigrants.
In its filing to the Charleston Division of the U.S.
District Court for the District of South Carolina, the
Department of Justice said that, under the U.S. Constitution,
"the federal government has pre-eminent authority to regulate
immigration matters and to conduct foreign relations."
SOME PROVISIONS UNIQUE TO THE STATE
"Although states may exercise their police power in a
manner that has an incidental or indirect effect on aliens, a
state may not establish its own immigration policy or enforce
state laws in a manner that interferes with federal immigration
laws," said the filing submitted by West.
Opponents of the South Carolina immigration law welcomed
the government action.
"We think they have done the right thing ... We urge them
to file suit against the other unconstitutional anti-immigrant
pieces of legislation that have passed in Indiana, Utah and
Georgia," said Karen Tumlin, managing attorney for the National
Immigration Law Center.
"South Carolina has a couple of provisions that are
uniquely South Carolina," she said, citing a clause that
criminalizes presenting false identity and the creation of a
special immigration enforcement unit within the state police.
The Department of Justice filing said South Carolina's law,
if allowed to go into effect, would undermine and disrupt
federal agencies' existing immigration operations, "diverting
resources and attention from the dangerous aliens whom the
federal government targets as its top enforcement priority."
"It will cause the detention and harassment of authorized
visitors, immigrants and citizens who do not have or carry
identification documents specified by the statute," it added.
South Carolina Republican Representative Chip Limehouse of
Charleston criticized the government's legal move as a "slap in
the face ... to South Carolina."
Earlier this month, a coalition of civil rights groups
filed a federal lawsuit to try to halt enforcement of the South
Carolina law, calling it unconstitutional.
The government said the legislation targeting illegal
immigrants passed by South Carolina and other states could
result in damage to the United States' foreign relations and
impede fair implementation of federal immigration laws.
The case is USA v. State of South Carolina and Nikki Haley
in her official capacity as Governor of South Carolina, U.S.
District Court, District of South Carolina.
For the USA: Tony West, Assistant Attorney General.
For the State of South Carolina: Not immediately
available.
(Reporting by Pascal Fletcher)
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