A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 5-7-320 SO AS TO PROHIBIT MUNICIPALITIES FROM RESTRICTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS OR LIMITING INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS, AND PERMIT THE ATTORNEY GENERAL TO BRING A CIVIL ACTION AND ESTABLISH A RIGHT OF ACTION FOR CERTAIN CITIZENS; AND BY AMENDING SECTION 6-1-170, RELATING TO PREEMPTION OF LOCAL ORDINANCE RELATING TO IMMIGRATION, SO AS TO PROHIBIT POLITICAL SUBDIVISIONS FROM RESTRICTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS OR LIMITING INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS, AND PERMIT THE ATTORNEY GENERAL TO BRING A CIVIL ACTION AND ESTABLISH A RIGHT OF ACTION FOR CERTAIN CITIZENS.

 

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

 

SECTION 1.  Chapter 7, Title 5 of the S.C. Code is amended by adding:

 

    Section 5-7-320. (A) No municipality may have in effect any policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

    (B) No municipality shall do any of the following related to information regarding the citizenship or immigration status, lawful or unlawful, of any individual:

       (1) prohibit law enforcement officials or agencies from gathering information related to an individual's citizenship or immigration status;

       (2) direct law enforcement officials or agencies not to gather information related to an individual's citizenship or immigration status; and

       (3) prohibit the communication of information related to an individual's citizenship or immigration status to federal law enforcement agencies.

    (C) The Attorney General may bring a civil action against a municipality to enjoin and restrain future violations of this section.

    (D) Any citizen of this State aggrieved by a municipality's violation of this section has a private right of action against the municipality to enjoin and restrain future violations of this section.

 

SECTION 2.  Section 6-1-170 of the S.C. Code is amended by adding:

 

    (F)(1) No political subdivision of this State may have in effect any policy, ordinance, or procedure that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

    (2) No political subdivision of this State shall do any of the following related to information regarding the citizenship or immigration status, lawful or unlawful, of any individual:

       (a) prohibit law enforcement officials or agencies from gathering information related to an individual's citizenship or immigration status;

       (b) direct law enforcement officials or agencies not to gather information related to an individual's citizenship or immigration status; and

       (c) prohibit the communication of information related to an individual's citizenship or immigration status to federal law enforcement agencies.

    (3) The Attorney General may bring a civil action against a municipality to enjoin and restrain future violations of this subsection.

    (4) Any citizen of this State aggrieved by a municipality's violation of this section has a private right of action against the municipality to enjoin and restrain future violations of this section.

 

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

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