Supreme Court's Arizona ruling lets key South Carolina immigration plank stand, for now
Schuyler Kropf
Posted: Tuesday, June 26, 2012 12:06 a.m.
UPDATED: Tuesday, June 26, 2012 1:01 a.m.
...Monday's closely watched court decision threw out several provisions of Arizona's law but let a much-debated portion go forward that South Carolina's law strongly resembles.
The “show me your papers” requirement allows police to check the status of people stopped for various reasons and who appear to be in the U.S. illegally.
The fact the requirement survived early scrutiny drew praise from top state leaders who have criticized the federal government for failing to enact what they call meaningful reform.
“Today's court ruling is in part good news for South Carolina law enforcement,” Gov. Nikki Haley said. “Now, they can do their job and verify that those suspected of being here illegally are actually here legally.”
Even with the Arizona ruling, though, South Carolina's immigration law is far from taking effect. In December, U.S. District Judge Richard Gergel issued a preliminary injunction preventing parts of the state's law from taking effect.
The move came after the U.S. Department of Justice sued the state, saying immigration is solely a federal issue.
That suit is on hold in the 4th U.S. Circuit Court of Appeals in Richmond, Va. Any action there is probably weeks away.
When it does resume, S.C. Attorney General Alan Wilson said he will petition the court to lift the stay on the police checks portion of the state's law, saying that since it survived the high court, South Carolina enforcement should be allowed.
Monday's decision did not fully clear the way for “show me your papers” checks to become the accepted legal norm since the justices said the provision could still be subject to additional constitutional challenges.
Top among those possibilities is that once enacted by a police department, it could lead to racial profiling — something that South Carolina opponents contend can lead to harassment of the law-abiding.
“How do you know if I am illegal or not because of my skin color?” Diana Salazar, president of the Latino Association of Charleston, said Monday.
The American Civil Liberties Union of South Carolina, which also has sued the state, echoed the concerns. S.C. Executive Director Victoria Middleton said courts would be “out of touch by not recognizing that there is no way to implement (the provision) without violating people's rights and inviting racial profiling.”
The issue has drawn concerns from police, including North Charleston Police Chief Jon Zumalt, who Monday reiterated his fears that the state is looking to drop an enforcement role on police officers and departments not trained in federal immigration law.
“To date, we have had little guidance from the state on how we will fulfill our duty with the new state law,” he said.
Charleston School of Law adjunct professor Jonathan Hoffman said it might be too early to decide if the “show me” provision will survive. Based on his take, he said it appears the court is willing to wait and see if there is racial stereotyping behind how the effort is enacted by departments.
Martinez said that no matter how the law works, he knows the bulk of Hispanics here want to be seen as contributors.
“The people that want to stay here want to be good,” he said.