United States v. South Carolina

906 F. Supp. 2d 463, 2012 WL 5897321, 2012 U.S. Dist. LEXIS 170752
CourtDistrict Court, D. South Carolina
DecidedNovember 15, 2012
DocketCivil Action Nos. 2:11-2958, 2:11-2779
StatusPublished
Cited by14 cases

This text of 906 F. Supp. 2d 463 (United States v. South Carolina) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. South Carolina, 906 F. Supp. 2d 463, 2012 WL 5897321, 2012 U.S. Dist. LEXIS 170752 (D.S.C. 2012).

Opinion

[466]*466ORDER

RICHARD MARK GERGEL, District Judge.

This matter comes before the Court pursuant to a limited remand from the United States Court of Appeals for the Fourth Circuit on August 16, 2012 to allow this Court to reexamine its preliminary injunction issued on December 22, 2011 in light of the United States Supreme Court’s opinion in Arizona v. United States, — U.S.-, 132 S.Ct. 2492, 183 L.Ed.2d 351 (2012) (hereinafter “Arizona decision”), issued on June 25, 2012. (Dkt. No. 98).1 This limited remand followed this Court’s “indicative ruling,” issued pursuant to Federal Rule of. Civil Procedure 62.1 on July 9, 2012, that the United States Supreme Court’s Arizona decision raised “substantial issues” regarding at least a portion of this Court’s earlier decision. (Dkt. No. 92). Upon the grant of the limited remand, this Court established a briefing schedule and set oral argument for November 13, 2012. (Dkt. No. 102). After a careful consideration of the relevant precedents, including the Arizona decision, the full record before the Court, and the written and oral arguments of all parties to these actions, the Court hereby modifies its earlier order in regard to portions of Section 6 of S.C. Act No. 69 (hereinafter “Act 69”) and leaves in place the grant of preliminary injunctive relief regarding Sections 4(A), (B), (C) and (D), 5, and 6(B)(2) of Act 69, as further set forth below.

Background

The South Carolina General Assembly formally adopted a comprehensive state immigration statute, Act 69, on June 27, 2011. A number of individuals and advocacy groups (hereinafter collectively “private Plaintiffs”) filed suit on October 12, 2011 challenging Act 69 in its entirety as well as specific portions of the Act and requesting preliminary and permanent injunctive relief. (C.A. No. 2:11-2779, Dkt. No. 1). Thereafter, the United States filed a separate action on October 31, 2011 challenging the validity of Sections 4, 5, 6 and 15 of Act 69 and requesting preliminary and permanent injunctive relief. (Dkt. No. 1). Because Act 69 was set to take effect on January 1, 2012, the Court set an expedited briefing schedule on November 1, 2011 and scheduled oral argument on December 19, 2011. The Court issued an order on December 22, 2011 preliminarily enjoining Sections 4(A), (B), (C), and (D), 5, and 6 of Act 69. United States v. South Carolina, 840 F.Supp.2d 898 (D.S.C.2011). As referenced above, this Court now reviews this preliminary injunction in light of the Arizona decision.

Discussion

The above captioned parties have, somewhat predictably, taken different views on the issues before the Court in this limited remand. The state Defendants2 assert that the Court should dissolve the preliminary injunction in its entirety despite the United States Supreme Court affirming significant portions of the Arizona district court and Ninth Circuit opinions that declared multiple and, in many instances, similar provisions of Arizona’s immigration statute unconstitutional. (Dkt. Nos. 105, 110, 113). The private Plaintiffs urge the Court to maintain the previously issued preliminary injunction, including the section enjoining immigration inquiries for persons lawfully stopped or detained for [467]*467other reasons, notwithstanding the fact that the Arizona decision reversed lower court decisions enjoining a similar provision of the Arizona statute. (Dkt. No. 106; C.A. No. 2:11-2779, Dkt. Nos. 154, 158). The United States asserts that, in light of the Arizona decision, this Court should dissolve that portion of the preliminary injunction relating to immigration inquiries for persons lawfully stopped or detained and, in all other respects, maintain the Court’s previously granted preliminary injunctive relief. (Dkt. Nos. 107, 111). The Court will address each relevant section of Act 69 below.

A. Sections 4(B) and (D)

Sections 4(B) and (D) of Act 69 established two new state criminal provisions relating to persons who knowingly or recklessly participate in the transporting or sheltering of persons in furtherance of an unlawfully present person’s entry into the United States or to avoid detection of such a person’s unlawful presence. These newly adopted state provisions are similar to existing provisions of federal law. See 8 U.S.C. §§ 1324(l)(a)(ii), (iii). The federal law authorizes state and local law enforcement officials to make arrests under the federal statute but prosecution remains exclusively within the discretion of the federal government. Id. § 1324(c). This Court enjoined Sections 4(B) and (D) of Act 69, stating that this was a “classic case of field preemption” because Congress had “adopted a scheme of federal regulation regarding the harboring and transporting of unlawfully present persons so pervasive that it left no room in this area for the state to supplement it.” United States v. South Carolina, 840 F.Supp.2d at 916-17.

The state Defendants now argue that the Arizona decision did not specifically address this issue and point out that the Arizona district court had earlier refused to enjoin a provision similar to Sections 4(B) and (D). (Dkt. No. 105 at 9). Though the state Defendants are correct that the United States Supreme Court did not address similar harboring and sheltering provisions in its Arizona decision, they fail to appreciate that this is because the issue was not raised on appeal. In fact, there is little in the Arizona decision that gives support to the state Defendants’ argument.

In examining Section 3 of the Arizona statute, relating to a new state misdemeanor for failing to carry an alien registration card, the Supreme Court noted that there was overlap with a comprehensive federal regulatory scheme concerning the documentation requirements of alien persons within the United States. Arizona v. United States, 132 S.Ct. at 2501-03. The Supreme Court, in declaring the Arizona statute preempted, noted that “[permitting the State to impose its own penalties for the federal offenses here would create conflict with the careful framework Congress adopted.” Id. at 2502.

In addition, in two post-Arizona decisions the Eleventh Circuit enjoined similar transporting and sheltering provisions found in the Alabama and Georgia statutes. See Ga. Latino Alliance for Human Rights v. Georgia, 691 F.3d 1250, 1263-67 (11th Cir.2012) (hereinafter “GLAHR ”); United States v. Alabama, 691 F.3d 1269, 1285-88 (11th Cir.2012). The Eleventh Circuit in GLAHR found that the federal criminal provisions relating to harboring and transporting unlawfully present persons were “comprehensive” and that the “breadth of these laws illustrates an overwhelming dominant federal interest in the field.” 691 F.3d at 1264. The GLAHR court further found that Georgia’s harboring and sheltering statute “threaten[ed] the uniform application” of federal immi[468]*468gration law and challenged “federal supremacy in the realm of immigration.” Id. at 1265-66. Based on that reasoning, the Eleventh Circuit found the Georgia statutory provision preempted by federal law, id.

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906 F. Supp. 2d 463, 2012 WL 5897321, 2012 U.S. Dist. LEXIS 170752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-south-carolina-scd-2012.