Penalties for Violating Employment Citizenship Requirements

2025-2026 Bill 5279: Penalties for Violating Employment Citizenship Requirements - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5279
STATUS INFORMATION
General Bill
Sponsors: Rep. Long
Document Path: LC-0305HA26.docx
Introduced in the House on February 26, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Penalties for Violating Employment Citizenship Requirements
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/26/2026

House

Introduced and read first time (
House Journal-page 11
)

2/26/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 11
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/26/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
41-8-50
, RELATING TO PENALTIES FOR PRIVATE EMPLOYERS THAT VIOLATE
REQUIREMENTS REGARDING ALIEN WORK AUTHORIZATION PROGRAM REQUIREMENTS, SO AS TO
INCREASE CERTAIN PENALTIES FOR VIOLATIONS.

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

S
ECTION 1.
S
ection
41-8-50
(D) of the S.C. Code is amended to read:

(
D) Upon a finding of an occurrence
involving a violation after an investigation pursuant to subsection (A), or
after a random audit pursuant to Section
41-8-120
(B), where the director
considered all information or evidence gathered by the director and any
information or evidence submitted by the private employer demonstrating
compliance with the provisions of this chapter:

(
1)
(
a) prior to July 1, 2012, for a first
occurrence involving a violation of Section
41-8-20
, the private employer
shall, upon notification by the director of a violation of Section
41-8-20
,
swear or affirm in writing that the private employer has complied with the
provisions of 8 U.S.C. Section 1324a from the effective date of this section to
the time the private employer received notification from the director, and
shall comply with the provisions of Section
41-8-20
within three business days.
Failure to swear or affirm compliance in writing or failure to comply with
Section
41-8-20
within three business days requires that the private employer
be placed on probation for a period of one year, during which time the private
employer shall submit quarterly reports to the director demonstrating
compliance with the provisions of Section
41-8-20
. The director shall provide
appropriate assistance to the private employer to aid the private employer in
complying with Section
41-8-20
within the three business day period. The
director may extend the three business day period, as necessary, if the
director determines that more time is required for compliance. Any subsequent
occurrence involving a violation of Section
41-8-20
by the private employer
must result in the suspension of the private employer's licenses for at least
ten days, but not more than thirty days, by the director, except, if a private
employer has not committed a violation of Section
41-8-20
within the previous
three years, a subsequent occurrence must be treated as a first occurrence. If
a private employer has ever committed a violation of Section
41-8-30
, the
private employer's licenses must be suspended for at least ten days but not
more than thirty days for any violation or subsequent occurrence involving a
violation of Section
41-8-20
. The director shall verify the work authorization
status of the employees with the federal government pursuant to 8 U.S.C.
Section 1373(c) and notify the private employer of the results. The private
employer shall immediately terminate an employee whose work authorization was
not verified upon being notified by the director. The director shall notify
federal, state, and local law enforcement officials of any suspected
unauthorized aliens employed by the private employer;

(
b)
on or after July 1, 2012, for a first occurrence involving a violation of
Section
41-8-20
, the private employer shall, upon notification by the director
of a violation of Section
41-8-20
, immediately comply with the provisions of
Section
41-8-20
, and the private employer must be placed on probation for a
period of one year, during which time the private employer shall submit
quarterly reports to the director demonstrating compliance with the provisions
of Section
41-8-20
. Any subsequent occurrence involving a violation of Section
41-8-20
by the private employer must result in the suspension of the private
employer's licenses for at least ten days but not more than thirty days by the
director, except, if a private employer has not committed a violation of
Section
41-8-20
within the previous three years, a subsequent occurrence must
be treated as a first occurrence. If a private employer has ever committed a
violation of Section
41-8-30
, the private employer's licenses must be suspended
for at least
ten
twenty

days but not more than
thirty
sixty

days for any violation or subsequent occurrence involving a violation of
Section
41-8-20
. The director shall verify the work authorization status of the
employees with the federal government pursuant to 8 U.S.C. Section 1373(c) and
notify the private employer of the results. The private employer shall
immediately terminate an employee whose work authorization was not verified
upon being notified by the director. The director shall notify federal, state,
and local law enforcement officials of any suspected unauthorized aliens
employed by the private employer;

(
2)
for a first occurrence involving a violation of Section
41-8-30
, the private
employer's licenses must be suspended, and must remain suspended for at least
ten days but not more than
thirty
sixty
days. During the period of suspension, the private
employer may not engage in business, open to the public, employ an employee, or
otherwise operate. After the period of suspension, the private employer's
licenses must be reinstated, permitting the private employer to engage in
business and to employ an employee, if the private employer:

(
a)
demonstrates that the private employer has terminated the unauthorized alien;
and

(
b)
pays a reinstatement fee equal to the cost of investigating and enforcing the
matter, provided that the reinstatement fee must not exceed one thousand
dollars;

(
3)
for a second occurrence involving a violation of Section
41-8-30
, the private
employer's licenses must be suspended, and must remain suspended for at least
thirty days but not more than
sixty
ninety
days. During the period of suspension, the private
employer may not engage in business, open to the public, employ an employee, or
otherwise operate. After the period of suspension, the private employer's
licenses must be reinstated, permitting the private employer to engage in
business, open to the public, employ an employee, and otherwise operate, if the
private employer:

(
a)
demonstrates that the private employer has terminated the unauthorized alien;
and

(
b)
pays a reinstatement fee equal to the cost of investigating and enforcing the
matter, provided that the reinstatement fee must not exceed
one
five
thousand dollars;

(
4)
for a third or subsequent occurrence involving a violation of Section
41-8-30
,
the private employer's licenses must be revoked, and the private employer may
not engage in business, open to the public, employ an employee, or otherwise
operate. For a third occurrence only, after ninety days, a private employer may
petition the director for a provisional license. A provisional license permits
a private employer to engage in business, open to the public, employ an
employee, and otherwise operate. The director may grant the private employer
permission to apply for a provisional license if the private employer:

(
a)
agrees to be on probation for a period of three years, during which time the
private employer shall submit quarterly reports to the director demonstrating
compliance with the provisions of Sections
41-8-20
and
41-8-30
;

(
b)
demonstrates that the private employer has terminated the unauthorized alien;
and

(
c)
pays a reinstatement fee equal to the cost of investigating and enforcing the
matter, provided that the reinstatement fee must not exceed
one
five
thousand dollars.

F
or all other
occurrences where a private employer's licenses are revoked, the private
employer may not seek reinstatement of the private employer's licenses for a
period of five years. After five years, the director may grant reinstatement of
a private employer's licenses if the private employer:

(
a)
agrees to be on probation for a period of three years, during which time the
private employer shall submit quarterly reports to the director demonstrating
compliance with the provisions of Sections
41-8-20
and
41-8-30
;

(
b)
demonstrates that the private employer has terminated the unauthorized alien;
and

(
c)
pays a reinstatement fee equal to the cost of investigating and adjudicating
the matter, provided that the reinstatement fee must not exceed
one
five
thousand dollars.

(
5)
If a private employer engages in business or employs a new employee during the
period that the private employer's licenses are suspended, the private employer's
licenses must be revoked, and must not be reinstated for a period of five
years, and only upon a determination by the director that the private employer
has complied with the provisions of item (4) of this subsection.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 26, 2026 at 11:18 AM