On June 27, 2011, South Carolina Governor Nikki Haley signed into law S.B. 20, a comprehensive immigration law with new employment verification requirements and harsh criminal penalties. The law expands on the SC Illegal Immigration Reform Act passed in 2008 and considered at the time as one of the toughest in the nation. This article will focus on employment verification changes in the new law as well as various criminal provisions that could impact employers and/or their employees.

Employment Verification Requirements and Enforcement

All private employers are required to enroll and participate in E-Verify by January 1, 2012. Employers can no longer accept a state-issued driver’s license or identification card from South Carolina or another acceptable state at the time of hire as proof of employment verification. Employers can operate in the state and employ workers only if their imputed employment license and all other applicable licenses (i.e. business license) are in effect. Employers must verify a new hire’s work authorization status within three business days from the date of hire, even if the employee is terminated within the first three days of employment. This time period is consistent with federal law and represents a change from the 2008 law which only required verification within five (5) days from the date of hire.