Sanctuary Jurisdictions and Release of Illegal Aliens

2025-2026 Bill 735: Sanctuary Jurisdictions and Release of Illegal Aliens - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 735
STATUS INFORMATION
General Bill
Sponsors: Senators Kennedy, Bright, Fernandez and Leber
Document Path: SJ-0008PB26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate
Summary: Sanctuary Jurisdictions and Release of Illegal Aliens
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 36
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 36
)

1/21/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025
01/21/2026

1

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
8-31-10
SO AS TO CREATE THE "PROHIBITION OF SANCTUARY JURISDICTIONS ACT"; BY
ADDING SECTION
8-31-20
SO AS TO PROVIDE THAT FUNDS APPROPRIATED BY THE STATE
MUST NOT BE OBLIGATED OR EXPENDED FOR A COUNTY, MUNICIPALITY, CITY, PUBLIC
SERVICE DISTRICT, SPECIAL PURPOSE DISTRICT, SPECIAL TAX DISTRICT, OR ANY TYPE
OF POLITICAL SUBDIVISION DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
A SANCTUARY JURISDICTION; BY ADDING SECTION
8-31-30
SO AS TO AUTHORIZE THE
SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PUBLISH THE IMMIGRATION COMPLIANCE
REPORT AND FOR THE STATE TREASURER TO WITHHOLD DISBURSEMENTS FROM THE LOCAL
GOVERNMENT FUND TO ANY COUNTY OR MUNICIPALITY NOT CERTIFIED AS COMPLIANT IN THE
REPORT; BY AMENDING SECTION
17-15-10
, RELATING TO A PERSON CHARGED WITH A NONCAPITAL
OFFENSE MAY BE RELEASED ON HIS OWN RECOGNIZANCE, SO AS TO PROVIDE THAT AN
ILLEGAL ALIEN DETAINED BY A LOCAL OR STATE LAW ENFORCEMENT AGENCY NOT BE
RELEASED INTO THE COMMUNITY, BUT HELD UNTIL TRANSFERRED TO THE UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT; AND BY AMENDING SECTION
17-15-30
, RELATING
TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO PROVIDE
FOR AN ALIEN UNLAWFULLY PRESENT IN THE UNITED STATES THAT THE PROVISIONS OF SECTION
17-15-10
(C) BE FOLLOWED.

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

S
ECTION 1.
T
itle 8 of the S.C. Code is amended by adding:

C
HAPTER 31

T
he Prohibition of Sanctuary Jurisdictions Act

S
ection
8-31-10
. This act may be cited as the "Prohibition of Sanctuary Jurisdictions
Act".

S
ection
8-31-20
.
(
A)
(
1) As used in this chapter, the term
"sanctuary jurisdiction" means a county, municipality, city, public service
district, special purpose district, special tax district, or any type of
political subdivision that has in effect or enacts an ordinance, policy, or
practice that prohibits or restricts any government entity or official from:

(
a)
sending, receiving, maintaining, or exchanging with any federal, state, or
local government entity information regarding the citizenship or immigration
status of any individual; or

(
b)
complying with a lawful request made by the Department of Homeland Security to
comply with a detainer for or notification about the release of an individual.

(
2)
A county, municipality, city, public service district, special purpose
district, special tax district, or any type of political subdivision is not a
sanctuary jurisdiction based solely on its having a policy not to:

(
a)
share information about the citizenship or immigration status of an individual;
or

(
b)
comply with a Department of Homeland Security request regarding an individual
who comes forward as a victim or a witness to a criminal offense.

(
B)
Funds appropriated by the State must not be obligated or expended for a county,
municipality, city, public service district, special purpose district, special
tax district, or any type of political subdivision determined by a court of
competent jurisdiction to be a sanctuary jurisdiction.

(
C) If
a county, municipality, city, public service district, special purpose
district, special tax district, or any type of political subdivision is
determined by a court of competent jurisdiction to be a sanctuary jurisdiction,
the court must direct that its State funding for the period it has been a
sanctuary jurisdiction be returned to the State Treasurer with a civil penalty
of not less than five thousand dollars and not more than twenty-five thousand
dollars.

(
D) For
the period a court of competent jurisdiction determines that a county,
municipality, city, public service district, special purpose district, special
tax district, or any type of political subdivision is a sanctuary jurisdiction,
that sanctuary jurisdiction shall have waived its immunity from civil liability
in tort and is responsible for actual and punitive damages from any act
committed by an unauthorized alien within the corporate limits of the sanctuary
jurisdiction.

S
ection
8-31-30
.
(
A) From its appropriated
funds, the South Carolina Law Enforcement Division (SLED) shall publish the
Immigration Compliance Report. SLED may conduct investigations necessary to
ensure the accuracy of information provided by counties and municipal
governments within the report. Every agency of this State, and political
subdivision thereof, shall provide documentation that SLED considers necessary
for the publication of the report, which must contain a list of county and
municipal governments that SLED has certified to be compliant with Sections
17-13-170
(E) and
23-3-1100
as well as compliant with any federal laws related
to the presence of an unlawful person in the United States in the previous
fiscal year.

(
B) The
Immigration Compliance Report must be provided to the General Assembly, the
Governor, and the State Treasurer annually by December thirty-first.

(
C)
After the first publication of the Immigration Compliance Report, the State
Treasurer shall withhold any remaining disbursement from the Local Government
Fund to any county or municipality that is not certified as compliant in the
report.

S
ECTION 2.
S
ection
17-15-10
of the S.C. Code is amended to read:

S
ection
17-15-10
.
(
A)
A
Except as provided in subsection (C), a
person charged
with a noncapital offense triable in either the magistrates, county or circuit
court, shall, at his appearance before any of such courts, be ordered released
pending trial on his own recognizance without surety in an amount specified by
the court, unless the court determines in its discretion that such a release
will not reasonably assure the appearance of the person as required, or
unreasonable danger to the community or an individual will result. If such a
determination is made by the court, it may impose any one or more of the
following conditions of release:

(
1)
require the execution of an appearance bond in a specified amount with good and
sufficient surety or sureties approved by the court;

(
2)
place the person in the custody of a designated person or organization agreeing
to supervise him;

(
3)
place restrictions on the travel, association, or place of abode of the person
during the period of release;

(
4)
impose any other conditions deemed reasonably necessary to assure appearance as
required, including a condition that the person return to custody after
specified hours.

(
B) A
person charged with the offense of burglary in the first degree pursuant to
Section
16-11-311
may have his bond hearing for that charge in summary court
unless the solicitor objects.

(
C)
(
1) Any illegal alien who is detained
by a local or state law enforcement agency must not be released into the
community, but must be held by that agency until the illegal alien is transferred
into the custody of the United States Immigration and Customs Enforcement.

(
2) Illegal aliens transferred from a
local or state law enforcement agency to the United States Immigration and
Customs Enforcement are not relieved of their obligation to pay court-ordered
restitution or other legal financial obligations.

S
ECTION 3.
S
ection
17-15-30
of the S.C. Code is amended to read:

S
ection
17-15-30
.
(
A) In determining
conditions of release that will reasonably assure appearance, or if release
would constitute an unreasonable danger to the community or an individual, a
court may, on the basis of the following information, consider the nature and
circumstances of an offense charged and the charged person's:

(
1)
family ties;

(
2)
employment;

(
3)
financial resources;

(
4)
character and mental condition;

(
5)
length of residence in the community;

(
6)
record of convictions; and

(
7)
record of flight to avoid prosecution or failure to appear at other court
proceedings.

(
B) A
court must consider:

(
1)
a person's criminal record;

(
2)
any current charges pending against a person and any prior charges against a
person at the time release is requested;

(
3)
all incident reports generated as a result of an offense charged;

(
4)
whether a person is an alien unlawfully present in the United States, and
poses a substantial flight risk due to this status
follow the requirements of Section
17-15-10
(C)
;

(
5)
whether the charged person appears in the state gang database maintained at the
State Law Enforcement Division; and

(
6)
whether a person is currently out on bond for another offense.

(
C)
(
1) Prior to or at the time of a
hearing, the arresting law enforcement agency must provide the court with the
following information:

(
a)
a person's criminal record;

(
b)
any charges pending against a person at the time release is requested;

(
c)
all incident reports generated as a result of the offense charged; and

(
d)
any other information that will assist the court in determining conditions of
release to include, but not be limited to, notification of any existing bonds
for another offense.

(
2)
The arresting law enforcement agency shall inform the court if any of the
information is not available at the time of the hearing and the reason the
information is not available. Failure on the part of the law enforcement
agency to provide the court with the information does not constitute grounds
for the postponement or delay of the person's hearing. Notwithstanding the
provisions of this item, when a person is charged with a violation of Chapter
25, Title 16, the bond hearing may not proceed without the person's criminal
record and incident report or the presence of the arresting officer. The bond
hearing for a violation of Chapter 25, Title 16 must occur within twenty-four
hours after the arrest.

(
D) A
court hearing these matters has contempt powers to enforce the provisions of
this section.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 21, 2026 at 1:40 PM