Immigration

2025-2026 Bill 4764: Immigration - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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This Bill
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Indicates Matter Stricken
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H. 4764
STATUS INFORMATION
General Bill
Sponsors: 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
Document Path: LC-0400CM26.docx
Introduced in the House on January 13, 2026
Introduced in the Senate on April 7, 2026
Last Amended on April 1, 2026

Currently residing in the Senate Committee on
Judiciary
Summary: Immigration
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 107
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 107
)

1/22/2026

House

Member(s) request name added as sponsor: Bowers

2/25/2026

House

Member(s) request name added as sponsor: Bailey

2/26/2026

House

Member(s) request name added as sponsor: Cromer

3/25/2026

House

Member(s) request name added as sponsor: Lastinger

3/26/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 4
)

3/31/2026

Scrivener's error corrected

3/31/2026

House

Member(s) request name added as sponsor: White

3/31/2026

House

Requests for debate-Rep(s). Wetmore, Grant, JL
Johnson, Howard, Govan, King, McDaniel,
Williams, Luck, Henderson-Myers, Gilliard,
Waters, Cobb-Hunter, Reese (
House Journal-page 253
)

4/1/2026

House

Member(s) request name added as sponsor: Gibson

4/1/2026

House

Amended (
House Journal-page 60
)

4/1/2026

House

Read second time (
House Journal-page 60
)

4/1/2026

House

Roll call Yeas-85 Nays-30 (
House Journal-page 82
)

4/2/2026

House

Read third time and sent to Senate (
House Journal-page 42
)

4/2/2026

House

Roll call Yeas-84 Nays-26 (
House Journal-page 43
)

4/7/2026

Senate

Introduced and read first time (
Senate Journal-page 3
)

4/7/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 3
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
03/26/2026
03/31/2026
04/01/2026

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

________

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

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION
1.
C
hapter 1, Title 23 of the S.C. Code is amended
by adding:

S
ection
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.

S
ECTION
2.
S
ection
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.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on April 1, 2026 at 9:01 PM