A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-1-260 SO AS TO PROVIDE LAW ENFORCEMENT AGENCIES OPERATING CORRECTIONAL FACILITIES SHALL ENTER INTO WRITTEN AGREEMENTS OR MEMORANDUMS OF AGREEMENT WITH FEDERAL IMMIGRATION ENFORCEMENT AGENCIES TO PARTICIPATE IN THE IMMIGRATION PROGRAMS THAT AUTHORIZE LAW ENFORCEMENT AGENCIES TO ENFORCE FEDERAL IMMIGRATION LAWs; and BY AMENDING SECTION 23-3-80, RELATING TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT, SO AS TO PROVIDE SLED SHALL PROVIDE A TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES THAT ENFORCE FEDERAL IMMIGRATION LAWS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 23 of the S.C. Code is amended by adding:

 

    Section 23-1-260.  (A)  As contained in this section:

       (1) "Correctional facility" means any jail, prison, work camp, or overnight lockup facility whose primary purpose is to manage the custody of detained persons in this State, that is operated by any agency, department, or division of the State or of any county, municipality, or other political subdivision, or any facility that is privately owned or privately operated that houses detained persons on behalf of the State or any of its political subdivisions pursuant to a valid contract, agreement, or otherwise lawful arrangement.

       (2) "Federal immigration enforcement agency" means the United States Department of Homeland Security, United States Customs and Border Patrol, United States Immigration and Customs Enforcement, United States Department of Justice, or any successor or comparable federal agency, department, or division that is authorized to enforce federal immigration laws.

        (3) "Law enforcement agency" means any:

           (a) agency, department, or division of the State or of any county, municipality, or other political subdivision, charged with:

               (i) enforcement of all or some of the criminal, traffic, and penal laws of the State, county, or municipality, or federal criminal laws;

               (ii) operating a correctional facility; or

               (iii) managing the custody of detained persons in this State.

This includes, but is not limited to, municipal police departments, sheriff's offices, state police departments, state university and college police departments, the Department of Corrections, and any state, county, or municipal agency that is charged with operating a correctional facility.

       (4) "Law enforcement officer" means:

           (a) an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic and penal laws of the State, and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed, or

           (b) a person who is employed by a correctional facility and who is granted statutory authority to oversee or manage the custody of detained persons within said facility; and

       (5) "Presiding law enforcement official" means the sheriff, chief of police, or other similarly situated individual who is responsible for the overall management of a law enforcement agency.

    (B) As soon as possible after the effective date of this act, each law enforcement agency operating a correctional facility shall enter into a written agreement or memorandum of agreement with a federal immigration enforcement agency to participate in the immigration program established pursuant to Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Section 1357, or any successor or similar federal program, that authorizes a law enforcement agency to enforce federal immigration law. This subsection does not require a law enforcement agency to participate in a particular program model.

    (C) Any agreement or memorandum of agreement enter into pursuant to subsection (B) shall:

       (1) be in writing;

       (2) identify the particular program model the law enforcement agency will participate in;

       (3) delineate the scope, duration, responsibilities and limitations of the participating law enforcement agency to enforce federal immigration law;

       (4) specify:

           (a) the allocation of costs associated with participation in the agreement by both the participating law enforcement agency and the federal immigration enforcement agency; and

           (b) any financial obligations to be directly borne by the participating law enforcement agency; and

       (5) be attested to in writing by the presiding law enforcement official of the participating law enforcement agency and filed with the Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General.

    (D) A law enforcement agency operating a correctional facility that does not have a current memorandum of agreement in effect, on an annual basis, shall seek to enter a memorandum of understanding with a federal immigration enforcement agency, as is required under this section. The law enforcement agency must submit proof of an annual request to enter into an agreement to the Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General until the agreement is executed, and the law enforcement agency must include any reason for noncompliance with this section, if applicable.

    (E) Notwithstanding a valid agreement under this section or the inability of a law enforcement agency to enter such an agreement, nothing in this section shall restrict a law enforcement officer from enforcing other valid provisions of state immigration law. Nothing in this section shall be construed to hinder or prevent a law enforcement agency or officer from arresting or detaining any criminal suspect on other criminal charges.

    (F) The Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General shall maintain a registry of all agreements entered into under this section between any law enforcement agency and a federal immigration enforcement agency. The Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General also shall maintain a registry of all annual submissions of proof required pursuant to subsection (D) for agencies that have not executed an agreement.

    (G) When acting within the scope of authority granted by federal law pursuant to a valid agreement entered into under this section or any other provision of federal law, a law enforcement officer shall be authorized to arrest any person based on the person's status as an illegal alien or for a violation of any federal immigration law.

    (H) A law enforcement officer or government official or employee on behalf of a law enforcement agency, acting in good faith to enforce immigration laws pursuant to a memorandum or an agreement with a federal immigration enforcement agency to collect or share immigration status information, or to carry out any provision of this section, shall have immunity from damages or liability from these actions.

       (I) A law enforcement agency failing to demonstrate compliance with this section may be subject to administrative penalties not involving withholding of general funds including, but not limited to, internal oversight review, reporting obligations, temporary suspension, or conditional approval of eligibility for discretionary grant awards administered through the Department of Public Safety, until the law enforcement agency demonstrates compliance with this section. However, submission of proof of an annual attempt to enter into an agreement, as required pursuant to subsection (D), shall constitute compliance for purposes of this subsection and shall provide the law enforcement agency, its officers, and employees immunity from administrative liability arising under this section. The Office of the Attorney General shall have the authority to enforce the provisions of this section.

 

SECTION 2.  Section 23-3-80(F) of the S.C. Code is amended to read:

 

    (F) SLED shall develop an illegal immigration enforcement training program and shall make this training program available 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. SLED shall provide any law enforcement agency that filed a valid agreement or submitted proof of a good faith attempt to enter into an agreement with a federal immigration enforcement agency to have the ability to enforce federal immigration law, as defined by and in accordance with Section 23-1-260, with the materials and training program developed pursuant to this section.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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