Indicates Matter Stricken

Indicates New Matter

 

Amended

April 1, 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, Lastinger, White and Gibson

 

S. Printed 4/1/26--H.

Read the first time January 13, 2026

 

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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.

    Amend Title To Conform

 

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) "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.

       (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. 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.

       (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.

       (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

           (b) includes, but is not limited to, any county or municipal police department, sheriff's office, state police department, or any state, county, or municipal agency, department, or division that is charged with operating a correctional facility.

       (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;

       (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

       (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.

    (B) As soon as possible after the effective date of this act, each law enforcement agency operating a correctional facility shall enter into an agreement with a federal immigration enforcement agency to participate in the immigration program established under Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or any successor or similar federal program that authorizes a law enforcement agency to enforce federal immigration law within a correctional facility.

    (C) Any agreement entered into under subsection (B) shall:

       (1) be in writing;

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

       (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;

           (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 under Section 23-3-80.

    (D) A law enforcement agency operating a correctional facility that does not have a current agreement in effect as required under subsection (B), shall request to enter an agreement with a federal immigration enforcement agency on an annual basis. The law enforcement agency must submit proof of an annual request to enter into an agreement to the Illegal Immigration Enforcement Unit, in lieu of the proof of a current agreement as required under subsection (C)(5), until an agreement is executed. The law enforcement agency must include any reason  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).

    (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.

    (G) The Illegal Immigration Enforcement Unit shall maintain a registry of all agreements entered into under subsection (C) and maintain a registry of all annual submissions of proof required under subsection (D) or determinations of impracticability under subsection (E) for any law enforcement agencies that have not executed an agreement.

    (H) When acting within the scope of authority granted by federal law pursuant toan 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 lawful 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.

    (I) A law enforcement officer,  government official or employee of this State or political subdivision of this State, acting in good faith to enforce immigration laws under an agreement entered into under this section, and 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 immune from damages or liability arising from an act or omission occurring within the scope of the agreement. However, if the act was done outside the scope of his official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude the law enforcement officer or government official or employee is not immune from damages or liability.

.

    (J)(1) 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.  For a submission under subsection (E), compliance is established only if the Office of the Attorney General determines that the written findings of fact are sufficient to support a determination of fiscal or operational impracticability under subsection (E)(2).

    (K) The Office of the Attorney General shall publish quarterly reports regarding these agreements between a federal immigration enforcement agency and law enforcement agencies pursuant to the provisions of this section which must include, but are not limited to, race and ethnicity data, legal status outcomes, the number of wrongful detentions, and the costs to the State in the previous quarter.

 

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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