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Federal Judge Blocks Part of New SC Immigration Law, Says It Infringes on Feds’ Role

Posted Dec 22, 2011 2:43 PM CDT
By Martha Neil

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A federal judge in South Carolina has temporarily blocked provisions of a new state immigration statute that were to go into effect Jan. 1, finding the state was infringing on the federal government's prerogative to enforce immigration law.

Among the new rules nixed by U.S. District Judge Richard Mark Gergel in response to a U.S. Department of Justice lawsuit were requirements that noncitizens carry their federal immigration papers and that police check the immigration status of arrestees and even individuals they stop for minor traffic violations who they reasonably suspect to be illegally in this country, according to Bloomberg and Reuters.

This "state-mandated scrutiny is without consideration of federal enforcement priorities and unquestionably vastly expands the persons targeted for immigration enforcement action," said Gergel of the requirement that police check arrestees' status.

An Associated Press article provides further details.

Earlier coverage:

ABAJournal.com: "Civil Rights Groups Challenge South Carolina Immigration Law"

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