Federal government, SC in court battle over immigration law

FORT MILL, S.C.,None — Ron Edwards at Springs Farm in Fort Mill has wrapped up another busy peach and strawberry season. He's preparing for next year but has serious concerns about how his crops will get to local stores and roadside stands.

“We need people to pick all this. We need people to work," Edwards said.

South Carolina is now in the middle of a court battle with the federal government over its newly passed immigration law.

The Justice Department sued the state on Monday, calling parts of the law unconstitutional. The injunction is similar to court battles now being waged in Alabama, Texas and Arizona.

The government takes issue with South Carolina's measure that allows law enforcement officers to check the immigration status of anyone they stop and suspect to be here illegally.

Edwards and other farmers have heard that migrant workers are disappearing from other southern states that are tightening their own immigration laws. Edwards said American workers he hires don't stay and aren't willing to do the job on the farm.

“Nothing against the American worker, but he's not going to go out there and pick strawberries or peaches seven days a week, five, six, eight hours a day. He's not going to do it."

Two years ago, Edwards hired 17 workers to pick peaches through the federal H-2A work visa program. The program allows farmers to bring in foreign labor when there are not Americans available to do the work. Now, that program is more expensive due to increased fees, and Edwards could only afford 12 migrant workers this season.

"The government created this program, and now they've made it too expensive to use," he said. "It's like they don't want us to use it anymore."

The controversy over immigration and a looming court battle could make it even harder for farmers to find the seasonal workforce they depend on.

Channel 9 asked state lawmakers Tuesday about their reaction to the lawsuit against the immigration law.

Rock Hill Democrat John King voted against the immigration law.

"I think it encourages racial profiling," King said. He also said the lawsuit against South Carolina was expected because state lawmakers should've stayed out of the immigration mess.

"I think we should leave it up to the federal government to pass laws that protect our citizens. We overstepped our bounds as state legislators," he said.

Republican Gary Simrill voted for the bill, and said the state was forced to act because the federal government failed to do its job.

“The federal government needs to recognize what their role is, and their role is to protect our borders. The federal government failed the citizens not only of this state, but the entire country," Simrill said. "The government shouldn't be telling us that we're doing is wrong when they won't act."

WSOC