This lawsuit challenged a South Carolina immigration law, Senate Bill 20 or SB 20, which targeted immigrants in the state with harsh penalties and restrictions. SB 20 required immigrants to carry documentation proving their legal status, allowed officers to check immigration status if they had “reasonable suspicion” that they were in the country unlawfully, and criminalized harboring, sheltering, or transporting undocumented immigrants. The law overstepped state authority to regulate immigration in ways that conflicted with federal law, violating the Supremacy Clause of the U.S. Constitution. SB 20 also mandated that local law enforcement agencies engage in immigration enforcement.
The vague language of the bill gave immense discretion to law enforcement. There were no guidelines as to what constituted “reasonable suspicion,” making race- and language-based profiling a likely reality. Additionally, the law put immigrants at risk of arrest if they were not carrying documentation if an officer were to demand it. As a result, immigrant communities feared reporting crimes, seeking medical attention, applying to jobs, and sending children to schools.
The plaintiffs in this case included multiple immigrants living in South Carolina along with the Lowcountry Immigration Coalition, Mujeres de Triunfo, Nuevos Caminos, South Carolina Victim Assistance Network, South Carolina Hispanic Leadership Council, Service Employees International Union, and Southern Regional Joint Board of Workers United. They filed the suit against Gov. Nikki Haley, Attorney General Alan Wilson, Charleston County Sherif Al Cannon, and Ninth Circuit Solicitor Scarlett Wilson.
Why this case?
SB 20 violated the civil rights and constitutional protections of immigrants in South Carolina, with its harsh, discriminatory, and far-reaching effects. It encouraged racial profiling, violated Fourth Amendment protections against unreasonable searches and seizures, and infringed upon federal law regarding immigration. The ACLU brought forward this lawsuit to end these violations of the basic rights and protections guaranteed in the Constitution.
The latest
In March 2014, a federal judge struck down several of the most harmful aspects of the law. The judge ruled that police may not prolong a stop or detention, or arrest individuals to determine their immigration status. It also ensured that state and local law enforcement could not act independently of federal immigration law in ways that violated civil rights. This victory helped protect immigrant communities from discriminatory policing and reaffirmed that immigration enforcement must be handled within the bounds of the law and with respect to civil liberties.
