Indicates Matter Stricken

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Committee Report

March 26, 2026

 

H. 4764

 

Introduced by Reps. T. Moore, C. Mitchell, Ballentine, Bradley, Brewer, Caskey, Chapman, Crawford, Davis, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Hardee, Hartz, Hewitt, Hiott, Hixon, J. E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, B. Newton, W. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Teeple, Vaughan, Wickensimer, Whitmire, Willis, Wooten, Yow, Bowers, Bailey, Cromer and Lastinger

 

S. Printed 3/26/26--H.

Read the first time January 13, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4764) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(A)(1), (2), (3), (4), and (5) and inserting:

       (1) "Agreement" means a written agreement or memorandum of agreement between a law enforcement agency and a federal immigration enforcement agency as contemplated under 8 U.S.C. Section 1357 or any successor program or statute.

       (1)(2) "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. Nothing in this section may be construed to apply to a "holding cell" as defined in Standard 1005(h) of the Minimum Standards for Local Detention Facilities in South Carolina, promulgated pursuant to Section 24-9-20 and enforced by the Jail and Prison Inspection Division of the Department of Corrections, or any successor standard, policy, or guidance issued by the department.

       (2)(3) "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)(4) "Law enforcement agency", as used in this section,:

           (a) means any agency, department, or division of the State or of any county, municipality, or other political subdivision, charged with managing the custody of detained persons within a correctional facility in this State:.; and

           (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.

           (b) This includes, but is not limited to, any county or municipal police departments, sheriff's officesoffice, state police departmentsdepartment, state university and college police departments, the Department of Corrections, andor any state, county, or municipal agency, department, or division that is charged with operating a correctional facility.

       (4)(5) "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 law enforcement agency or correctional facility and who is granted statutory authority to oversee or manage the custody of detained persons within said facility; and

       (6) "Manage," when used in the context of the custody of detained persons, means to direct, control, or be legally responsible for the confinement, supervision, or housing of detained persons, whether directly or through subordinate officers or employees, within a correctional facility;

       (7) "Operate" means to manage, supervise, administer, or otherwise exercise custody of or authority over a correctional facility; and

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

Amend the bill further, SECTION 1, by striking Section 23-1-260(B), (C), (D), (E), (F), (G), (H), and (I) and inserting:

    (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 an agreement or memorandum of agreement with a federal immigration enforcement agency to participate in the immigration program established pursuant tounder 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 within a correctional facility. This subsection does not require a law enforcement agency to participate in a particular program model.

    (C) Any agreement or memorandum of agreement enter entered into pursuant tounder 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)(3) 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

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

       (4) prohibit the law enforcement agency from assigning, designating, or permitting any school resource officer under their authority, if any, to perform, exercise, or participate in any action relating to the enforcement of federal immigration law pursuant to an agreement entered into under this section; 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 tounder 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 as required under subsection (B), on an annual basis, shall seekrequest to enter a memorandum of understandingan agreement with a federal immigration enforcement agency on an annual basis, 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, in lieu of the proof of a current agreement as required under subsection (C)(5), until the an agreement is executed., and the law The law enforcement agency must include any reason for noncompliance with this section, if applicable. an agreement could not be entered, including, but not limited to, if the federal immigration enforcement agency declines to enter an agreement.

    (E)(1) The requirement to enter into an agreement or attempt to enter an agreement under subsections (C) or (D) shall not apply if compliance is determined to be fiscally or operationally impractical.

       (2) For purposes of this subsection, compliance is fiscally or operationally impractical, if entering into the agreement would:

           (a) require the expenditure of funds not lawfully appropriated or otherwise available;

           (b) assume financial obligations that would materially jeopardize the fiscal stability of the political subdivision; or

           (c) materially impair the law enforcement agency's ability to perform its core public functions due to documented operational or personnel limitations.

       (3) A determination under subsection (E)(1) must be made by formal action of the governing body of the law enforcement agency, supported by written findings of fact, and attested to by the presiding law enforcement official. A determination made under this subsection must be submitted to the Illegal Immigration Enforcement Unit in lieu of the proof of an agreement or annual request to enter an agreement as required under subsections (C)(5) and (D).

    (E)(F) 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)(G) 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 subsection (C) and maintain a registry of all annual submissions of proof required pursuant tounder subsection (D) or determinations of impracticability under subsection (E) for any law enforcement agencies that have not executed an agreement.

    (G)(H) When acting within the scope of authority granted by federal law pursuant to a validan 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 alienlawful presence in the United States or for a violation of any federal immigration law, if such authority is specifically granted by the agreement or at the direction of a federal immigration enforcement agency.

    (H)(I) A law enforcement officer, or government official or employee on behalf of a law enforcement agencyof this State or political subdivision of this State, acting in good faith to enforce immigration laws pursuant to a memorandum orunder an agreement with a federal immigration enforcement agency to collect or share immigration status information, or to carry out any provision ofentered into under this section, shall haveand any agency, department, county, municipality, political subdivision, or other governmental entity of this State that enters into or acts in good faith pursuant to such an agreement, is immunityimmune from damages or liability arising from and act or omission occruing within the scope of the agreementthese actions.

    (I)(J)(1) 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.

       (2) If the Attorney General determines that a law enforcement agency is not in compliance with the requirements of this section, the Attorney General may bring an action in the name of the State in a circuit court seeking declaratory relief, injunctive relief, or a writ of mandamus to compel compliance with this section. The court shall have jurisdiction to issue such orders as are necessary to enforce the provisions of this section.

       (3)(a) A law enforcement agency that has entered into an agreement under subsection (B) and has submitted proof as required under subsection (C)(5), constitutes compliance and bars an action instituted against a law enforcement agency under this section.

           (b) If the agreement is terminated, suspended, canceled, or otherwise discontinued by a federal immigration enforcement agency, that event does not render the law enforcement agency noncompliant with this section. Actions are barred under this section based solely on that termination, suspension, cancellation, or discontinuance by a federal immigration enforcement agency.

           (c) In such an event as contemplated by subsection (J)(3)(b), the law enforcement agency shall submit proof of the federal action in lieu of the requirement contained in subsection (C)(5) and, in each ensuing year, comply with the provisions of subsection (D) or (E), as applicable.

       (4) A submission of proof of an annual request to enter into an agreement, or fiscal or operational impracticability, as required under subsections (D) or (E), constitutes compliance and bars an action instituted against a law enforcement agency under this section.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires law enforcement agencies operating correctional facilities to enter into written agreements with federal immigration enforcement agencies in order to authorize participation in enforcement activities under federal immigration laws. Law enforcement agencies include, but are not limited to, municipal police departments; sheriff's offices; state police departments; state university and college police departments; Corrections; and any state, county, or municipal agency charged with operating a correctional facility. These agreements must state the costs of participation for both the law enforcement agency and the federal immigration enforcement agency, and they must delineate any financial obligations that will be directly borne by the participating law enforcement agency.  Law enforcement agencies operating correctional facilities absent such agreement must, on an annual basis, seek to enter into such agreement and provide proof of this attempt to the Illegal Immigration Enforcement Unit established under the Office of the Attorney General. Agencies failing to demonstrate compliance may be subject to administrative penalties that may include internal oversight review, reporting obligations, temporary suspension, or conditional approval of eligibility for discretionary grant awards administered through DPS. The Office of the Attorney General is authorized to enforce instances of noncompliance.

This bill also requires the Illegal Immigration Enforcement Unit to maintain a registry of all such agreements between a law enforcement agency and a federal immigration enforcement agency and must maintain a registry of all annual submissions of proof for agencies that have not executed an agreement.  The bill provides that law enforcement officers maintain their ability to arrest any person based on his status as an illegal alien or for a violation of federal immigration law; provided they act in good faith in performing such an arrest, they will be granted immunity from damages or liability.  In addition, the bill requires SLED to authorize any law enforcement agency to enforce federal immigration law, provided the law enforcement agency possesses a valid agreement or has submitted proof of a good faith attempt to enter into an agreement with a federal immigration enforcement agency.

The bill will have no expenditure impact for DPS nor Corrections. DPS does not operate any correctional facilities, and the administration of discretionary grant awards is within the normal course of business of the agency. Corrections anticipates being able to comply with the requirements of this bill with existing staff and within existing appropriations.

This fiscal impact is pending, contingent upon a response from DJJ, the Office of the Attorney General, and SLED.

 

Local Expenditure

RFA surveyed South Carolina counties and MASC as to the potential fiscal impact of the bill and received responses from Florence County, Horry County, and MASC.  Florence County indicates that any additional costs resulting from implementation of the bill cannot be estimated due to a lack of available data; however, implementation of the bill may require the county to house persons suspected of being in the country illegally.  Horry County reports that the bill will have no expenditure impact.  MASC reports that the expenditure impact of the bill is undetermined but may increase administrative needs for municipalities (e.g., interpreter services, training requirements, and enhancements to infrastructure). Additionally, MASC notes that at least 8 municipalities have holding facilities that may only detain a person for up to 48 hours, and over 160 municipalities only have holding cells, where a person can only be detained for up to 6 hours. This bill may have a significant local impact for these municipalities if they are required to establish longer-term holding facilities.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

_______

 

 

 

 

 

 

 

 

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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