UNITED STATES of America, Plaintiff-Appellee,
v.
State of SOUTH CAROLINA; Nikki Haley, in her official capacity as the Governor of South Carolina, Defendants-Appellants,
United Mexican States; Government of Argentina; Government of Bolivia; Government of Brazil; Government of Chile; Government of Colombia; Government of Costa Rica; Government of Dominican Republic; Government of Ecuador; Government of Guatemala; Government of El Salvador; Government of Honduras; Government of Nicaragua; Government of Paraguay; Government of Peru; Government of Uruguay, Amici Supporting Appellee.
Lowcountry Immigration Coalition; Mujeres De Triunfo; Nuevos Caminos; South Carolina Victim Assistance Network; South Carolina Hispanic Leadership Council; Service Employees International Union; Southern Regional Joint Board of Workers United; Jane Doe, No. 1; Jane Doe, No. 2; John Doe, No. 1; Yajaira Benet-Smith; Keller Barron; John McKenzie; Sandra Jones, Plaintiffs-Appellees,
v.
Nikki Haley, in her official capacity as the Governor of South Carolina; Alan Wilson, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellants, and
James Alton Cannon, in his official capacity as the Sheriff of Charleston County; Scarlett A. Wilson, in her official capacity as Solicitor of the Ninth Judicial Circuit, Defendants.
United States of America, Plaintiff-Appellee,
v.
State of South Carolina; Nikki Haley, in her official capacity as the Governor of South Carolina, Defendants-Appellants.
Lowcountry Immigration Coalition; Mujeres de Triunfo; Nuevos Caminos; South Carolina Victim Assistance Network; South Carolina Hispanic Leadership Council; Service Employees International Union; Southern Regional Joint Board of Workers United; Jane Doe, No. 1; Jane Doe, No. 2; John Doe, No. 1; Yajaira Benet-Smith; Keller Barron; John McKenzie; Sandra Jones, Plaintiffs-Appellees,
United States of America, Plaintiff-Appellee,
v.
State of South Carolina; Nikki Haley, in her official capacity as the Governor of South Carolina, Defendants-Appellants.
Lowcountry Immigration Coalition; Mujeres de Triunfo; Nuevos Caminos; South Carolina Victim Assistance Network; South Carolina Hispanic Leadership Council; Service Employees International Union; Southern Regional Joint Board of Workers United; Jane Doe, No. 1; Jane Doe, No. 2; John Doe, No. 1; Yajaira Benet-Smith; Keller Barron; John McKenzie; Sandra Jones, Plaintiffs-Appellees,
v.
Nikki Haley, in her official capacity as the Governor of South Carolina; Alan Wilson, in his official capacity as Attorney General of the State of South Carolina, Defendants-Appellants, and
James Alton Cannon, in his official capacity as the Sheriff of Charleston County; Scarlett A. Wilson, in her official capacity as Solicitor of the Ninth Judicial Circuit, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 14, 2013.
Decided: July 23, 2013.
Attorney(s) appearing for the Case
ARGUED: James Emory Smith, Jr. , Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. Daniel Tenny , United States Department of Justice, Washington, D.C.; Karen C. Tumlin , National Immigration Law Center, Los Angeles, California, for Appellees. ON BRIEF: Alan Wilson , Attorney General, Robert D. Cook , Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellants. William N. Nettles , United States Attorney, Columbia, South Carolina, Stuart F. Delery , Principal Deputy Assistant Attorney General, Beth S. Brinkmann , Deputy Assistant Attorney General, Mark B. Stern , Benjamin M. Schultz , Jeffrey E. Sandberg , United States Department of Justice, Washington, D.C., for Federal Appellee. Linton Joaquin , Nora A. Preciado , Melissa S. Keaney , Alvaro M. Huerta , National Immigration Law Center, Los Angeles, California; Andre Segura , Omar Jadwat , Lee Gelernt , American Civil Liberties Union Foundation, New York, New York; Cecillia D. Wang , Katherine Desormeau, San Francisco, California, Justin B. Cox , American Civil Liberties Union Foundation-Immigrants' Rights Project, Atlanta, Georgia; Susan K. Dunn , American Civil Liberties Union of South Carolina, Charleston, South Carolina; Victor Viramontes , Mexican American Legal Defense and Educational Fund, Los Angeles, California; Michelle R. Lapointe , Naomi Tsu , Atlanta, Georgia, Samuel Brooke, Southern Poverty Law Center, Montgomery, Alabama; Alice Paylor , Rosen, Rosen & Hagood, Charleston, South Carolina; Foster Maer , Latino Justice PRLDEF, New York, New York for Appellees Lowcountry Immigration Coalition, Mujeres De Triunfo, Nuevos Caminos, South Carolina Victim Assistance Network, South Carolina Hispanic Leadership Council, Service Employees International Union, Southern Regional Joint Board of Workers United, Jane Doe, No. 1, Jane Doe, No. 2, John Doe, No. 1, Yajaira Benet-Smith, Keller Barron, John McKenzie, Sandra Jones. Stephen Nickelsburg, Carla Gorniak, Alexander M. Feldman, Clifford Chance U.S. LLP, Washington, D.C.; Henry L. Solano, Wilson Elser Moskowitz Edelman & Dicker LLP, Denver, Colorado, for The United Mexican States, Amicus Curiae.
Affirmed by published opinion. Judge Davis wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.
United States Court of Appeals, Fourth Circuit.
DAVIS, Circuit Judge:
In 2011, the South Carolina legislature passed, and the governor signed, a package of immigration laws known as Act 69 ("the Act"). In this pre-enforcement challenge, the district court preliminarily enjoined Sections 4, 5, and 6(B)(2) of the Act on federal preemption grounds. These sections made it a state criminal offense for (1) a person unlawfully present in the United States to conceal, harbor, or shelter herself from detection, or allow...
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