Following its enactment last June, South Carolina Act 69 was challenged in court by both the federal government and a coalition of civil rights groups. Today, in a 42-page opinion, Judge Gergel entered temporary injunctions against the following provisions, finding each to be preempted by federal immigration law:
- Section 4, which makes it a state crime to transport or harbor undocumented immigrants, or for undocumented immigrants to allow themselves to be transported or harbored.
- Section 5, which makes it a state crime to fail to carry an immigration registration document issued by the federal government.
- Section 6, which requires police to try to determine the immigration status of any person under investigation or arrest whom the officer has “reasonable suspicion” to believe is in the country illegally, and which makes it a state crime to possess or attempt to use a fraudulent identification to establish lawful presence in the United States.
- http://www.americanimmigrationcouncil.org/newsroom/release/federal-judge-enjoins-key-provisions-south-carolina%E2%80%99s-immigration-law
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