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Court Upholds South Carolina Law Allowing Police to Check Motorists' Immigration Status

A federal district judge in South Carolina has upheld a provision of the state’s controversial immigration statute, holding that police may check the immigration status of motorists they suspect are illegally present in the United States.

The decision follows a similar holding in Arizona, which permits police officers to check the immigration status of individuals pulled over for an unrelated violation. Importantly, the judge cautioned that his holding will not apply to other parts of South Carolina’s immigration law and expressed concern about assessing the reasonableness of detention durations.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 338


About this Author

Nataliya Binshteyn Dominguez, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...