South Carolina Statehouse Blog

SC on the brink of passing Arizona-style illegal immigration law

(Columbia, SC) – With a 69 to 43 vote today, House Members agreed to concur with the Senate’s amendments on a bill (S. 20) that will greatly strengthen our state’s existing illegal immigration policy. The vote now sends the bill to the Governor’s desk to be signed into law.

House Speaker Bobby Harrell said, “Today, South Carolina joined a growing number of states who are taking proactive steps to address the problems created by immigrants who, not only come into our country illegally, but also violate our laws while here.”

After years of federal inaction on this issue, the SC General Assembly pushed for a comprehensive statewide illegal immigration policy in 2008, successfully passing “The South Carolina Plan” into law. At the time, it was the toughest state immigration law in the nation.

While many states have followed South Carolina’s lead by passing strong immigration laws, they are limited in the overall actions they can take on the issue. The true power of change lies at the federal level, but despite the best efforts of South Carolina’s Congressional Delegation, neither Congress nor our nation’s Executive Branch has enacted the policies needed to fully address these concerns or properly secure our nation’s borders.

Speaker Harrell said, “If Washington refuses to effectively support our law enforcement officers by enforcing immigration laws, it is left up to the states to stand up and do what is right. That is exactly what South Carolina did today by making sure our officers have the enforcement tools they need during this time of federal indecision.”

Being back in the House on Senate amendments, S. 20 qualified as one of the few bills that fell within the limited scope of the Sine Die Resolution. This allowed lawmakers to act on this bill during the wrap-up Sine Die Session.

“South Carolinians want safe streets and secure communities to raise a family and run our businesses,” Harrell continued. “Again, lawmakers heard loud and clear what our citizens wanted – for someone to stand up and enforce our nation’s federal immigration laws. And once again, the General Assembly didn’t hesitate to do everything we could to provide our officers with another crucial security tool, even if that meant taking on a federal government who would rather just pass the buck.”

Statement by Senator Grooms

COLUMBIA, S.C., June 14, 2011 — In a 32-0 vote, the South Carolina Senate today passed a measure halting the use of video cameras in the enforcement of speed limits. Passage of S.336 came after months of debate in both the House and Senate. The Town of Ridgeland had placed automatic cameras along I-95, issuing thousands of camera-assisted traffic citations in the process.

“This is a hard-fought win for liberty, and a well-deserved loss for Big Brother,” says Senator Larry Grooms, Chairman of the Senate Transportation Committee and author of the bill. “Good riddance to what was nothing more than a small-town money grab and a menace to motorists.”

The bill now heads to the Governor.

Columbia, SC - June 6, 2011 - South Carolina Senate President Pro Tempore Glenn McConnell released the following statement tonight following the ruling by the state Supreme Court:

“There are two important points to be made about today’s ruling by the South Carolina Supreme Court:

First, this is a victory for a limited and constitutional government. What we saw today is an example of the system of separation of powers operating the way the founder’s designed it.

An equally important point to stress is this ruling is also a victory for reform. It simply means we will enact reform within the law and within our Republican form of government.

As I have said all along, I support the restructuring measures the Governor advocates. And I’m hopeful those issues can be addressed when the General Assembly returns to session on June 14.

As one Senator, I will support efforts to move restructuring forward by including them in the Sine Die Resolution. I hope that the Governor’s attempted unconstitutional actions to this point do not hurt efforts to give the executive more power.

Thanks to today’s ruling we can now all focus on achieving reform that is lawful and constitutional.”

Columbia, SC - June 6, 2011 – Senator McConnell responded to Governor Haley’s response to the lawsuit pending in the South Carolina Supreme Court and to the small percentage of legislators who moved to intervene in the case on her behalf.

Senator McConnell said, “I want to make sure the people of South Carolina understand that this petition with the Court is not about finishing our work or about restructuring. It is about doing it in a way that does not violate the Constitution.

In her executive order, Governor Haley is attempting to enlarge her power beyond any Governor in our State’s long history. We are merely seeking guidance from the Supreme Court on whether the Governor has the Constitutional authority she is attempting to exercise.

Now, by lobbying legislators to sign petitions to intervene with the Court on her behalf, the Governor is seeking to bring pressure on the Court to base their ruling on politics rather than on the law. I am encouraged by the fact that less than twenty percent of the legislature signed her petition. That fact gives me hope that more than 80 percent still believe in the constitution, the separation of powers, and doing things the right way.

Today’s news is full of irony. On a day when conservative Republicans around the nation are hoping that 11th Circuit Appeals Court will decide President Obama’s health care law is unconstitutional, a handful of Republicans are asking our State Court NOT to hear a case filed solely to ensure that the Constitution is respected in South Carolina.

I still have no problem returning to Columbia to work on restructuring tomorrow, but it needs to be done in a manner that is constitutional and does not threaten the very reforms the Governor wants considered.

Columbia, SC - June 6, 2011 - I share Governor Haley’s frustration that the General Assembly adjourned last week without addressing several important reform issues, including restructuring. In fact, I support the passage of the Department of Administration, the Lieutenant Governor and Governor running on the same ticket, and the Governor appointing the Superintendent of Education bills she cited in her executive order, and I would also support the effort to add those items to the Senate’s agenda when we return on June 14, 2011.

However, as presiding officer of the Senate, my job is to defend the South Carolina Constitution, to follow the rules of the Senate, and to uphold the law. Simply because the Governor and I want certain bills enacted does not give us the power to ignore the Constitution.

Therefore, I am today asking for emergency guidance by the South Carolina Supreme Court. The question we are asking is simple but important. Can a governor force the legislature back into session to take up bills that were not included in the Sine Die resolution?

If the Governor does not have that authority, then the session she has ordered would be illegal, and the very reforms she wants passed would be in danger. That’s why it is so important to seek legal clarity on the constitutional question.

If the Supreme Court decides the Governor has the authority she asserts, I will be happy to comply and ask the Senate to return to session tomorrow. If, on the other hand, the court rules she lacks the power she seeks, I hope the governor will withdraw her executive order. All of us in public service have sworn to uphold the law. We therefore await a ruling by the Supreme Court.