Los Angeles Immigration Attorney Discusses SC Immigration Law

LOS ANGELES, CA - Congress has been dealing with the topic of illegal immigration for years. State officials' frustration is growing because they are failing to pass full federal immigration legislation. The end result is the seven states that have decided to enact their own. These include Arizona, Georgia, Utah, South Carolina, Indiana, Tennessee and Alabama.

This is the third installment of a seven-article series for Los Angeles immigration attorney Jonathan Bartell, in which he discusses each state's controversial immigration law. In this section, the focus is South Carolina's law.

"These states have taken matters into their own hands, making citizens as well as legal and illegal immigrants fear immigration law said Bartell, an deportation lawyer. "It's not the state that's responsible to enact such types of laws, so it is obvious that they are encountering opposition from the federal government. It’s hardly a surprise that 16 nations have requested to join the U.S. Department of Justice's challenge to the legislation."

The federal government sued on Oct. 31 following the June 27 signing of Senate Bill 20 into law. They claimed the law will carry out "significant and counterproductive burdens" on the U.S.

The law is outlined as follows:
• The police need to determine the immigration status during any lawful stop, detention, investigation or arrest where there is reasonable suspicion that the individual is an illegal alien.
• State residents are allowed to sue any local agency that moves to limit enforcement of state immigration law.
• It is a crime to harbor or transport illegal immigrants.
• It criminalizes immigrants' failure to carry certificates of registration.

"I think South Carolina's law is mistaken because the governor who signed it said that it had one purpose: to 'make sure' that illegal immigrants search for 'another state to go to,"' the white collar defense lawyer said. "The burden is simply being passed onto the next state, but this is how this mess was created in the first place. Immigration has to be dealt with at the borders, not pushed to another state."

The Justice Department is asking a federal court to intervene, which makes this the third time the Obama administration has stepped in to block parts of an immigration law. The past times were against Alabama and Arizona.

Federal officials suggest that the law is an invasion of federal authority because it gives state police authority that is outside of their powers. It can also interfere with the control the federal government has over relations with foreign governments.

The Arizona law has been blocked and is on appeal. Only parts of the Alabama law were blocked, but it is set to go before a federal appeals court. The Arizona law is scheduled to take effect on Jan. 1.

"The federal government is concerned that there will be a bigger risk of harassment of legal aliens and U.S. citizens, but it's not challenging the powers given to the police," the Russian immigration lawyer said. "Racial profiling is harassment, and the immigration system- or lack of it- is frustrating all of us. But stitching together laws that have the potential to affect U.S. citizens is not the answer. This law will be the root cause of all problems if it is passed."

Bartell understands the difficulty of going through the immigration process, which is why he recommends getting an attorney who will be there throughout the entire process.

"Residing and working in the U.S. is a privilege to all non-citizens," says Bartell. "If an individual is facing deportation or removal, they must explore the options and make sure they're protected from laws such as this."

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