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Here’s what’s in the news this week:
Sunday, Mar. 18, 2012
Ag workers, nannies exempt from employer immigration checks
Critics say loophole was sneaked into bill out of public eye
By NOELLE PHILLIPS – nophillips@thestate.com
A loophole in the S.C. immigration law exempts farmworkers and private maids and nannies from a mandatory immigration status check.
The law, which went into effect Jan. 1, requires all private employers in South Carolina to use the federal E-Verify database to check newly hired employees’ immigration status. However, a little-known loophole provides exceptions for four categories of workers — agriculture laborers, domestic workers in a private residence, ministers and fisherman working on crews of 10 or fewer people.
The agriculture industry and the legislators who supported the exemption said it was necessary because migrant farmworkers would be difficult to check, and no one wanted South Carolina to encounter a shortage of workers to pick peaches, strawberries and watermelons, as Georgia and Alabama recently did.
Read more here: http://www.myrtlebeachonline.com/2012/03/18/2723601/ag-workers-nannies-exempt-from.html#storylink=cpy
Tammy Besherse, an attorney for the S.C. Appleseed Legal Justice Center who monitored the bill’s impact on racial profiling, attended every hearing or debate.
“I do not remember that being publicly stated,” she said of the loophole. “I don’t think I missed a meeting.”
The exemption did not generate much debate, Martin said,
“It was not discussed in a big way, but it did get mentioned,” he said.
The law requires businesses to use the federal E-Verify system, which checks people’s names and Social Security numbers against an electronic database. The S.C. Department of Labor, Licensing and Regulation enforces the law, and those caught breaking it risk having their businesses closed.
When a name and number do not match, the federal government has a procedure for an employee to contest the ruling before he or she is fired.
Winkles said the system often incorrectly indicates a mismatch, which creates a hassle for farmers who need a ready workforce to harvest crops.
It’s hard to quantify how many farm workers would be allowed to work in South Carolina through the exemption.
Farms that participate in the federal government’s agriculture visa program would not be hiring illegal immigrants. Since Jan. 1, 22 S.C. farms have enrolled in the visa program to request 1,649 immigrant workers, according to a U.S. Department of Labor database.
Winkles said he did not know how many laborers are needed to harvest the state’s crops.
“I’d hate to put a number on it, but we’re not talking about a mass of people,” he said.
S.C. farmers cannot find enough local people to work their fields, Winkles said. Migrant workers are an essential piece of the agriculture industry, and a mandate to check their work status might scare them out of South Carolina.
That’s what happened in Georgia and Alabama after those states passed mandatory employment checks. Some Georgia farmers reported leaving crops to rot in fields because they could not find enough people to harvest the produce.
“We can hold those up and say, ‘We told you so,’” Winkles said.