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Judge: SC Police Allowed to Check Immigration Status

Ruling was in flux after summer Supreme Court hearing.

According to the Associated Press, U.S. District Judge Richard Gergel has upheld the South Carolina law allowing police to check the immigration status of residents during traffic stops.

The law had been scheduled to go into effect earlier this year, but was put on hold while Arizona's immigration law, which is similar to South Carolina's, was challenged in the Supreme Court. The Supreme Court upheld the portion of the law allowing for immigration status to be checked when police pull over a resident, but struck down other aspects of the law.

Gergel, a federal judge, said other parts of South Carolina's law were still prohibited.

Tom Utley November 19, 2012 at 07:52 PM
I don't like this. Immigrants aren't the problem, social welfare programs are the problem. The GOP tactic of attacking immigrants and not socialism itself is going to continue to backfire until they change their ways. I favor open immigration and property rights. This means that there is no "safety net" for immigrants to take advantage of, and you also have the right to not sell your property to people you don't want to sell it to. In this scenario, if immigrants want to move here, pay for property on their own, and live peacefully among the rest of us, then more power to them.
Robert Kelly November 19, 2012 at 09:21 PM
Shawn Drury, Although some of my questions were tongue in cheek, I was serious about the first sentence. Can you give some more information about what entitles an officer to check immigration status, and what are the consequences for anyone who does not have an American passport or birth certificate on them at the time? This law not only affects illegal immigrants, it affects all citizens and legal visitors!
Shawn Drury November 20, 2012 at 01:10 AM
@Robert That's the big question. If you have a driver's license, end of story. If you don't, then the problems begin. That's what has some people concerned. If I don't have my license, I doubt the police will check my citizenship. But, if someone with darker skin who doesn't speak English as a first language doesn't have his/her license...that's where people are worried about profiling and rights being violated
stanley seigler November 20, 2012 at 03:09 AM
re: This law not only affects illegal immigrants, it affects all citizens and legal visitors! [robert kelly say] hadnt considered this...the law is more about allowing racial profiling (aka racism, baseless prejudice) than i thought... we all know there will not be any consequences for gringos...they will never be asked...and will not be stopped as often, if at all, as latinos. in sum, as shawn druy say: 'If I don't have my license, I doubt [know] the police will [not] check my citizenship' but would be interesting hear someone (supporter of the law) explain what would happen to white folks...
Sergey Kemskiy November 23, 2012 at 05:30 PM
Immigration is a very hot issue today, that is why people who can write law articles on immigration issues and make it more clear for readers are very valuable. I wish to see your articles on my directory of immigration law articles http://attorney-online.info/publ/immigration_law_articles/7 You can publish there links to your legal website or other law resources related to your friends and other attorneys.

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