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CHARLESTON -- The federal government on Monday moved to block implementation of South Carolina's strict new immigration law, saying its provisions are unconstitutional and interfere with the nation's powers to set and enforce immigration policy.
"It is understandable that communities remain frustrated with the broken immigration system but a patchwork of state laws is not the solution and will only create problems," Attorney General Eric Holder said in a news release announcing the Justice Department's position.
Holder said the mandate that law enforcement check the status of stopped individuals will result in harassment and detention not only of foreign visitors and legal immigrants but also established U.S. citizens who cannot readily prove or show their lawful status.
The suit was filed in federal district court in Charleston on behalf of the departments of Justice, Homeland Security and State, which share
responsibilities in administering federal immigration law. A preliminary injunction to head off enforcement of South Carolina's law, which was to take effect in January, is expected next.
Gov. Nikki Haley's office responded by saying the state acted because federal authorities were not showing determination in addressing illegal immigration.
"As the daughter of immigrants of who came to this country legally, Gov. Haley understands that no American value is more sacred than the rule of law," spokesman Rob Godfrey said.
"That's what this is about -- nothing more, nothing less. If the feds were doing their job, we wouldn't have had to address illegal immigration reform at the state level. But, until they do, we're going to keep fighting in South Carolina to be able to enforce our laws."
The federal challenge was not unexpected, as South Carolina is among various states, including Alabama and Arizona, facing Justice Department scrutiny for their attempts to enact legislation aimed at curbing illegal immigration though work and housing measures. Several civil rights groups have also challenged South Carolina's efforts.
The law, passed by the Legislature in June, tightens what many saw as one of the nation's toughest immigration packages. Under its planks, police can ask someone about their immigration status after an arrest or traffic stop, but they can't hold anyone on the sole grounds of being suspected of being in the country illegally. It also requires police to call federal immigration officials if someone is suspected of being in the country illegally.
Shortly after the lawsuit was filed, advocates of the South Carolina legislation called the government's decision to intervene even before the law even took effect premature and unusual.
State Sen. Chip Campsen, R-Isle of Palms, said the Justice Department was outright challenging the law across the board before a case arises "that has facts and circumstances and actors, so that you can evaluate what law enforcement did," he said.
He added "you don't know whether police or law enforcement violated someone' s constitutional rights unless there's an arrest, unless there's a real incident."
State Rep. Chip Limehouse, R-Charleston, lamented federal authorities "meddling in South Carolina affairs" by attempting to derail the law.
"It truly makes you wonder whose side the Obama administration and the DOJ are on," he said. "They seem to be siding with the illegal immigrants."
A spokesman for the American Civil Liberties Union welcomed the intervention as both an individually protective measure and protection of the Constitution.
"These 'show-me-your-papers' laws have no place in our country, and must be blocked in South Carolina and every state that passes them," said Andre Segura, staff attorney for the ACLU's Immigrant Rights Project.