Immigration plan triggers new clash

Sanford, McConnell differ on enforceability

COLUMBIA — Two of the state's most powerful politicians clashed Thursday over a Senate plan to levy heavy fines against businesses that hire illegal immigrants.

Senate President Pro Tem Glenn McConnell and Gov. Mark Sanford are pitted against one another in the latest round of the immigration reform fight, which has devolved into a Statehouse logjam in recent weeks.

Sanford argues that the measure would be unenforceable. McConnell says it is.

"The governor wants to hide in the bushes and take potshots at the Senate instead of stepping onto the battlefield," McConnell, R-Charleston, said while defending the bill given final approval

Thursday in the Senate.

Sanford, also a Republican, said his office had been in conversations with the U.S. Department of Homeland Security about the Senate's plan.

"It's a stuck hog that squeals, as they say in the country," Sanford said. "We must have struck a chord."

The Senate agreed to give employers three options for checking the legal status of workers as part of a comprehensive immigration reform bill. Employers would be required to check a worker's legal status with a state driver's license, the federal government's free, online system E-Verify or a new paper form called S.C. Verify that would be monitored and enforced by one of the governor's Cabinet agencies.

Employers who don't follow the rules would be fined as much as $10,000 for every illegal immigrant on their payroll. Other provisions could lead to felony charges and jail time.

Sanford said federal law pre-empts the state from levying the fines designed by the Senate. A federal law passed in 1986 would allow the state to suspend or revoke business and professional licenses, but business licenses aren't a requirement in all parts of the state.

McConnell said Senate attorneys believe the law is enforceable. He also said that one of the bill's biggest strengths is that he believes it empowers the public; a provision in it allows the residents to report evidence of illegal workers.

The governor said the state should mandate that its business use E-Verify, a relatively new system offered by the Homeland Security that checks the validity of Social Security numbers.

Sanford also noted that he believes there is a correlation between the state's rising Hispanic population and the tide of illegal immigrations. Many argue that South Carolina must pass reform or become a haven for illegal immigrants fleeing other states.

Across the nation, more than 1,100 bills were introduced in the first three months of 2008 in 44 states, according to the National Conference of State Legislatures. Last year, 240 were put into law.

The Senate's plan — which bypassed a compromise plan stalled in negotiations — now goes to the House.

Speaker Bobby Harrell, R-Charleston, said the House members will have to become familiar with the complexities of the Senate's plan over the weekend.

"We've heard mixed reviews on whether it is a strong bill that they have passed," Harrell said.

Rep. Jim Harrison, a Columbia Republican who has been leading the House negotiations on the immigration issue, said he can't predict how the House will respond to the bill when it hits the floor next week.

"The body will vote," he said.

Additionally, the Governor's Office questioned how the Senate was able to so seamlessly tie together a compromise on an issue that had stakeholders so divided. McConnell said various elements of the plan won over supporters, including some who said they'd vote for it just because it was so tough they thought it would die in the House.

"If the governor creates gridlock on this, that will make some happy folks in the Statehouse who wanted nothing at all, and the influx of illegal aliens will continue," McConnell said.

The business community also was trying to sort out the proposals Thursday, although many business advocates have consistently argued that the issue is a federal one.

Mary Graham, senior vice president of public policy for the Charleston Metro Chamber of Commerce, said the chamber has urged the Legislature to use its power and influence to push for federal reform, and for state legislation that prohibits local governments from passing piecemeal ordinances.

Without federal legislation there is a potential for 50 different laws in 50 different states, driving up administrative expenses for area businesses.

"We don't believe this needs to be solved state by state," Graham said.

Peter Hull contributed to this report. Reach Yvonne Wenger at ywenger@postandcourier.com or 803-799-9051.