http://www.postandcourier.com/news/2011/may/28/illegal-immigration-law-impeded-governor-says/The U.S. Department of Homeland Security, part of President Barack Obama's Cabinet, told the state it could not use E-Verify documentation to enforce South Carolina's immigration law. But Thursday's U.S. Supreme Court ruling on a similar law in Arizona upheld a state's right to rely on the online system that uses Social Security numbers to screen new workers to see if they are legally in the country.
"South Carolina has had to fight this administration on multiple issues," she said. "We are fighting them on health care. We are fighting them on being able to create jobs. It is absolutely ludicrous that we are now fighting the fact that we can't even enforce our own illegal immigration laws."
South Carolina passed an illegal immigration law in 2008 that allows the Department of Labor, Licensing and Regulation to fine and shut down businesses that hire illegal immigrants. South Carolina employers can use E-Verify, a South Carolina driver's license, an ID card or the documents needed to obtain one to confirm a person is lawfully in the state. Licenses from other states with the same eligibility requirements also are acceptable.
Haley said she needs an answer from Homeland Security Secretary Janet Napolitano, because to continue enforcing the 2008 law without clarity puts the businesses at risk of a lawsuit. When they enroll to use the database, businesses sign an agreement with Homeland Security that says they won't share the information.
"When they enroll to use the database, businesses sign an agreement with Homeland Security that says they won't share the information." - If businesses can't legally release info from E-verify, how can a state use it to assess someone's legal status? The state has to go to DHS to get the info, not from the local business directly?