Friday, December 23, 2011
District Judge Blocks Portions of South Carolina Immigration Law
U.S. District Judge Richard Gergel has blocked portions of the
Carolina immigration law that requires law
enforcement officials to confirm the immigration status of any individual
believed to be in violation of
immigration law. Judge Gergel further blocked provisions of the law that criminalize
the act of harboring or transporting undocumented immigrants. The law was schedule to take effect on
January 1, 2012. U.S.
The Justice Department, the A.C.L.U., and the Southern Poverty Law Center have challenged the constitutionality of the law arguing that only the federal government maintains constitutional authority over the regulation of federal immigration law. In rendering his decision, Judge Gergel acknowledged the “traditionally predominant role of the federal government in the field of immigration.”
A spokesman for
South Carolina’s governor, Nikki R. Haley
issued the following response on Thursday: “If the feds were doing their job, we wouldn’t
have had to address illegal immigration reform at the state level, but, until
they do, we’re going to keep fighting in to be able to enforce our laws.” South
Click here for the New York Times article that was the source for this article.