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The new South Carolina Illegal Immigration Reform Act requires employers to verify the legal status of new employees.

One way to comply with this law is to use E-verify from the Department of Homeland Security. The E-verify database combines records from the Social Security Administration, immigration records and other federal agencies to eliminate identity theft. It also prevents employers from breaking the law by employing undocumented workers.

The state suggests that another way to comply with the law is to establish whether the employee has a South Carolina driver’s license or other government issued identity document. Employers are warned that in some cases, employers who refuse to hire legal immigrants, discriminate against Hispanic workers, or try to specify which forms of id they will accept from the list of acceptable documents on the I-9, may be in violation of federal law. It is not clear yet how the interplay between the two conflicting laws will work out. a

In addition, the South Carolina Illegal Immigration Reform Act requires employers to comply with I-9 requirements.

The statute also sets penalties, including fines and the loss of business licenses, for employers who fail to get employment verification or who knowingly hire illegal immigrants.

The law will be enforced by the South Carolina Department of Labor, Licensing and Regulation or LLR. That agency will investigate complaints, and conduct random employer audits.

Although the law goes into effect immediately, employers have a grace period for penalties. Under the provisions of the law, the agency will not investigate complaints regarding employers with 100 or more workers until July 1, 2009. The agency will not investigate complaints on employers with fewer than 100 workers until July 1, 2010.

The law was signed by Governor Mark Sanford on June 4, 2008.

Employers can attend 2- hour training sessions regarding this new law at technical colleges across the state in December and January. Each session begins at 10 am and concludes at noon. No registration is required. However, because seating is limited, employers are asked to send only one representative.

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