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ARTICLE · 01 FEBRUARY 2012

Compliance Corner - State Immigration Law Update: South Carolina

Ogletree, Deakins, Nash, Smoak & Stewart
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While comprehensive immigration reform remains stalled at the federal level, individual states continue to implement measures relating to immigration.

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While comprehensive immigration reform remains stalled at the federal level, individual states continue to implement measures relating to immigration.

Most recently, on December 22, 2011, a federal district court enjoined three provisions of South Carolina Act 69 and found a fourth provision likely to be overturned in future proceedings. The ruling makes South Carolina the sixth state – after Arizona, Indiana, Georgia, Utah, and Alabama – to see major parts of a punitive immigration law blocked in federal court.

South Carolina's amended immigration law, enacted in June 2011, was challenged in court by both the federal government and a coalition of civil rights groups. U.S. District Judge Richard M. Gergel entered temporary injunctions against three provisions, finding each to be preempted by federal immigration law.

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