Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1600.
(A) There is created an
Illegal Immigration Enforcement Unit within the South Carolina
Law Enforcement Division (SLED). The purpose of the Illegal
Immigration Enforcement Unit is to enforce immigration laws as
authorized pursuant to federal laws and the laws of this
State.
(B) The Illegal
Immigration Enforcement Unit is under the administrative
direction of the Chief of SLED. The chief shall maintain and
provide administrative support for the Illegal Immigration
Enforcement Unit. The chief may appoint appropriate personnel
within SLED to administer and oversee the operations of the
Illegal Immigration Enforcement Unit.
(C)(1) The Illegal
Immigration Enforcement Unit is composed of officers, agents,
and employees as the chief considers necessary and proper for
the enforcement of immigration laws as authorized pursuant to
federal laws and the laws of this State.
(2)(a)
The enforcement of immigration laws as authorized pursuant
to federal laws and the laws of this State must be the only
responsibility of the officers of the Illegal Immigration
Enforcement Unit.
(b)
The officers are commissioned by the Governor upon the
recommendation of the chief.
(c)
The officers have the same power to serve criminal
processes against offenders as sheriffs of the various counties
and also the same power as those sheriffs to arrest without
warrants and to detain persons found violating or attempting to
violate immigration laws. The officers also have the same power
and authority held by deputy sheriffs for the enforcement of the
criminal laws of the State.
(D) Notwithstanding any
other provision of law, the Illegal Immigration Enforcement Unit
must be funded annually by a specific appropriation to the
Illegal Immigration Enforcement Unit in the state general
appropriations act, separate and distinct from SLED's other
appropriations.
(E) The chief shall
negotiate the terms of a memorandum of agreement with the United
States Immigration and Customs Enforcement pursuant to Section
287(g) of the federal Immigration and Nationality Act as soon as
possible after the effective date of this act.
(F) Nothing in this
section may be construed to prevent other law enforcement
agencies of the State and political subdivisions of the State,
including local law enforcement agencies, from enforcing
immigration laws as authorized pursuant to federal laws and the
laws of this State.
(G) SLED shall develop
an illegal immigration enforcement training program which SLED
shall offer to all local law enforcement agencies to assist any
local law enforcement agency wishing to utilize the training
program in the proper implementation, management, and
enforcement of applicable immigration laws."
/
Renumber sections to conform.
Amend title to conform.