Public can have say in how immigration laws are enforced

By Noelle Phillips - Noelle Phillips

COLUMBIA -- Employers and workers who want to have a say in how the state's new immigration laws will be enforced have their chance.

The S.C. Department of Labor, Licensing and Regulation is accepting public comment as it develops policies for enforcing a new law that requires all businesses to verify their workers' legal status, said Jim Knight, a department spokesman. The department is publishing notices today in the S.C. State Register to ask for public comment.

LLR also is seeking public comment on the requirement for anyone offering immigration assistance services to register with the department, Knight said.

The state's first immigration law became official in June after legislators spent more than two years debating ways to curb the state's illegal immigrant population. Lawmakers decided to place tight regulations on private businesses, saying most illegal immigrants move to the state to work. Lawmakers hope the crackdown on businesses forces illegal immigrants to move elsewhere to find jobs.

The employee verification requirements will begin in three phases:

• Jan. 1: Companies who hold state and local government contracts must verify their employees are legal workers.

• July 1: Companies who employ 100 or more workers must verify legal status.

• July 1, 2010: Businesses with fewer than 100 workers must comply.

The law made LLR responsible for investigating complaints against private businesses who are accused of hiring illegal immigrants, and the department has been ordered to conduct random audits of businesses employment records.

LLR must write a policy for how it will investigate and audit companies and how records must be maintained, Knight said. The agency also has to set up penalties and must create an appeals process, he said.

"We want people to give us input as to what they would like to see and what their concerns are," Knight said. "It's the public's opportunity to weigh in."

The Legislature must approve LLR's policy. Knight expects the agency to request money in 2009 to hire additional staff to audit and investigate companies.

Already, businesses and workers are gearing up for the law's implementation. Businesses have been hosting seminars on the law, and worker advocate groups have offered training sessions for workers about their employment rights.

Knight said he has been invited to 30 meetings across the state to explain the immigration law before it goes into effect.

LLR already has set up a Web site and a phone line for the public. The phone line receives four to five calls a day from people who want to report illegal immigrant workers, Knight said.

For now, LLR cannot investigate those complaints businesses are not required to follow the law right now, Knight said.

"The way I read the law is we will have to respond to every complaint that comes in." he said. "This process will be driven by complaints and the audits."