U.S. v. South Carolina: Preliminary Injunction Affirmed

July 23, 2013

Adela de la Torre, NILC, 213-400-7822, [email protected]
Isabel Alegria, ACLU, 646-438-4146, [email protected]
Apreill Hartsfield, Southern Poverty Law Center (SPLC), 334-782-6624,[email protected]

Fourth Circuit Upholds Decision to Block Key Portions of South Carolina Anti-Immigrant Law

RICHMOND, VA — The U.S. Court of Appeals for the Fourth Circuit has affirmed a lower court’s decision to block key components of SB 20, South Carolina’s Arizona-style anti-immigrant law. As a result, provisions of the law that would have criminalized daily interactions with immigrants present without status, as well as provisions pertaining to use of identification and registration immigration documents, will remain blocked.

The court also determined that the plaintiffs in the civil rights coalition’s lawsuit had the right to sue the state over its law.

“Today’s decision isn’t just a victory for civil rights, it’s also a victory for our plaintiffs, who took a brave stand against racial profiling in their state,” said Karen Tumlin, managing attorney for the National Immigration Law Center, who argued the case. “Today’s decision also underscores the need for the U.S. House of Representatives to follow in the Senate’s footsteps and finally create a moral, accountable, and effective immigration system. Until then, we will continue to fight to ensure that immigrants and others are not discriminated against simply because of the way they look or speak.”

The coalition filed a lawsuit against the law in October 2011. The U.S. Department of Justice, which later filed a lawsuit against the law, also argued that the law should be blocked because it will cause irreparable harm and interfere with federal immigration law.

“Today’s decision closes a dark chapter in South Carolina,” said Sam Brooke, senior staff attorney for the Southern Poverty Law Center. “The courts have consistently ruled that hate-filled state laws that try to drive an entire class of people from the state’s borders will not be tolerated. Today’s ruling that South Carolina may not criminalize neighborly acts of kindness like giving a person a ride further ensures that all people will be treated fairly under the law. Today is a good day for all South Carolinians.”

“This unanimous ruling strongly affirms the right of all people to remain free from harassment and prosecution by state officials on immigration-related grounds, and confirms that South Carolina’s attempt to criminalize the lives of immigrants and those who interact with them every day is simply unconstitutional,” said Andre Segura, attorney with the American Civil Liberties Union Immigrants’ Rights Project. “ This divisive law is clearly contrary to American values, particularly in light of our nation’s call for fair and humane immigration reform.  South Carolina should work to unite, not divide, its residents.”

The coalition in the South Carolina case includes the National Immigration Law Center, ACLU, the Mexican American Defense and Educational Fund (MALDEF), the Southern Poverty Law Center, the ACLU of South Carolina, the South Carolina Appleseed Legal Justice Center, LatinoJustice PRLDEF, and the law firms of Rosen, Rosen & Hagood and the Lloyd Law Firm.

More information about the case is available at www.nilc.org/sb20.html. The decision issued today can be downloaded from www.nilc.org/document.html?id=944.

# # #