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CLEVELAND, OHIO - Illegal immigration has been a hot topic in Congress for years, and state officials are growing frustrated over their failure to pass comprehensive federal immigration legislation. As a result, seven states have taken it upon themselves to enact their own. They include Arizona, Georgia, Utah, South Carolina, Indiana, Tennessee and Alabama.

This is part three of a seven-part series for K1 visa lawyer Jonathan Bartell, where he focuses on each state's controversial immigration law. In this installment, we will focus on South Carolina's law.

"These states have foolishly taken matters into their own hands and have created fear for citizens as well as legal and illegal immigrants," said Bartell, a Las Vegas  immigration lawyer. "It is not the state's responsibility to pass such laws, which is why they are getting so much pushback from the federal government. It's no surprise that 16 nations have asked to join the U.S. Department of Justice’s challenge to the legislation."

On June 27, 2011, a South Carolina governor signed Senate Bill 20 into law. But on Oct. 31, the federal government sued the state, claiming the law will impose "significant and counterproductive burdens" on the U.S. 

The law is outlined as follows:

• Require police to determine the immigration status during any lawful stop, detention, investigation or arrest where there is reasonable suspicion that the individual is an illegal alien.
• Allow state residents to sue any local agency that moves to limit enforcement of state immigration laws.
• Make it a state crime to harbor or transport illegal immigrants.
• Criminalizes immigrants' failure to carry certificates of registration.

"The biggest fault I see with South Carolina's law is that the governor who signed it said that it had one purpose: to 'make sure' that illegal immigrants find 'another state to go to,'" the naturalization attorney said. "They are passing the burden onto other states, which is how we got into this mess in the first place. Immigration needs to be handled at the borders, not pushed from one state to the next."

The Justice Department is asking a federal court to intervene, which makes this the third time President Barack Obama's administration has stepped in to block parts of an immigration law. The previous times were against Alabama and Arizona.

Federal officials argue that the law would invade federal authority by giving state police authority that is outside of their powers. It also has the potential to interfere with the federal government's control over relations with foreign governments.

The Arizona law has been blocked and remains on appeal. Only parts of the Alabama law were blocked, but it is set to go before a federal appeals court. The Arizona law is set to take effect on Jan. 1.

"The federal government is not challenging the powers given to the police, rather they are concerned that there will be an increased risk of harassment of legal aliens and U.S. citizens," the embassy lawyer said. "Racial profiling is harassment, and we are all frustrated with our immigration system, or lack there of. But sewing together laws that could affect U.S. citizens is not a solution. If this law passes, it will be the root cause of all problems."

Bartell a K1 visa lawyer understands how difficult it is to go through the immigration process, which is why he recommends getting an attorney that will be there with them through every step of the way.

"Living and working in the U.S. is a privilege to all non-citizens," said Bartell. "If you are facing deportation or removal, you need to explore your options and ensure you are protected from laws such as this."

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