Signed by Governor Mark Sanford, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that requires employers to verify that their employees are legally in the United States, establishes penalties for violations of immigration law and prohibits undocumented immigrants from attending public higher education institutions.

Highlights:

- Requires employers to verify the employment authorization of all new employees after January 2009 (Sec. 3). - Classifies the falsification of documents as a felony, and imposes a fine and/or a prison sentence of up to five years (Sec. 3). - Authorizes state law enforcement officers to enforce immigration laws in addition to their regular duties (Sec. 4). - States that knowingly harboring or transporting undocumented immigrants is a felony and violators may be fined up to $5,000 and/or be sentenced to five years imprisonment (Sec. 9). - Directs jailers to attempt to determine whether prisoners have been lawfully admitted into the United States (Sec. 11). - Allows employees who prove that they were terminated and knowingly replaced with an undocumented immigrant to file a civil suit (Sec. 12). - Bars undocumented immigrants from attending public institutions of higher learning (Sec. 17).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that changes the requirements of state agencies and departments in determining the citizenship status of employees, prisoners, and recipients of public services or benefits. Places restrictions on private employers relating to the employment eligibility of their employees. Makes other changes in the law regarding undocumented immigrants.

Highlights:

- Requires that state employers register and participate in the federal work authorization program to verify eligibility of all new employees. Requires contractors and subcontractors to either participate in the program or only employ individuals with valid driver's licenses, either from South Carolina or a state with similar requirements (sec. 1). - Provides an employee the right to sue their employer for wrongful termination if the employer knowingly employs an undocumented immigrant (sec. 12). - Prohibits employers from receiving tax deductions for wages paid to an individual of $600 or more unless that individual is an authorized employee (sec. 6). - Requires correctional facilities to notify the Department of Homeland Security (DHS) if an inmate is determined to be of undocumented status and requires that incurred expenses of holding the undocumented prisoner be forwarded to the DHS (sec. 2). - Allows a judge to consider the accused's immigration status when determining conditions of release (sec. 15). - Limits the immigration assistance an individual can provide if they are not a legal professional (sec. 3). - Requires that every state agency offering state or local public benefits must verify the legal status of all applicants and have them sign an affidavit attesting to their citizenship. Verification is not required for certain emergency relief and public health services (sec. 4). - Prevents local governments and other governing bodies from enacting any ordinance or policy that restricts a law enforcement officer or state official from enforcing state immigration laws (sec. 5). - Makes it a felony for a person to knowingly assist a person's undocumented entry into the United States or help them avoid apprehension or detection (sec. 8). - Makes it unlawful for an undocumented immigrant to possess a firearm (sec. 10). - Prevents an undocumented immigrant from attending a public institution of higher education and/or receiving scholarships, financial aide, grants, or resident tuition at private institutions. Individuals currently enrolled are exempt (sec. 13).

Full Bill Text