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Illegal Immigration & Public Contracts

Background

(Updated: 11/7/11)     

On June 4th, 2008, Governor Mark Sanford signed into law the South Carolina Illegal Immigration Reform Act, 2008 Act No. 280. Section 3 of this Act added Chapter 14 to Title 8 of the South Carolina Code of Laws. Titled "Unauthorized Aliens and Public Employment," this new Chapter contains the Act's primary restrictions regarding contracts between private businesses and governmental entities. According to the Act's title, Chapter 14 was added in order "to require contractors or subcontractors who contract with public employers for the physical performance of services to register and participate in the federal work authorization program or otherwise verify employees, to define terms, to establish deadlines for compliance by public employers, contractors, and subcontractors, to require that the provisions of the chapter are enforceable without regard to race, religion, gender, ethnicity, or national origin, and to authorize the director of the State Budget and Control Board to prescribe forms and promulgate rules necessary to administer the act and publish the rules and regulations on the Board's website."