South Carolina Bill Would Force Local Jails to Do ICE's Job -- Or Face Legal Action

Mandatory Immigration Enforcement Coming to SC Jails

South Carolina lawmakers are pushing a bill that would compel every county jail in the state to enforce federal immigration law -- whether local officials want to or not.

House Bill 4764, which cleared the state House on April 2, requires all agencies running correctional facilities to enter into so-called 287(g) agreements with Immigration and Customs Enforcement. These agreements deputize local law enforcement to carry out immigration enforcement duties normally handled by federal agents.

The bill now sits in a Senate judiciary committee with no hearing date set. It needs to pass committee and clear two more Senate votes before reaching the governor's desk.

What 287(g) Agreements Actually Do

Section 287(g) of the Immigration and Nationality Act allows ICE to delegate immigration enforcement powers to state and local cops. There are four program models, each granting different levels of authority.

Under the "jail enforcement model," detention officers can interrogate anyone they arrest about immigration status. The "warrant service officer model" lets local cops execute immigration arrest warrants. The "task force model" goes further -- allowing officers to enforce immigration law during routine policing like traffic stops.

Twenty South Carolina counties already participate in 287(g) programs, including Greenville, Spartanburg, and Anderson. Several municipal police departments have signed on too, including the Duncan Police Department.

This bill would make participation mandatory statewide.

Attorney General Gets Power to Sue Non-Compliant Sheriffs

Here's the enforcement mechanism: Under HB 4764, any agency that runs a jail must submit proof of their 287(g) agreement request to the state's Illegal Immigration Enforcement Unit, which operates under the South Carolina Law Enforcement Division.

If an agency refuses or drags its feet, the state attorney general can take them to circuit court and seek a court order forcing compliance.

That's an extraordinary grant of power -- state officials compelling local sheriffs to carry out federal immigration policy under threat of lawsuit.

Opponents Warn of Eroded Trust and Strained Budgets

The bill drew fierce opposition at a February 17 public hearing before the House Artificial Intelligence, Cybersecurity and Special Laws subcommittee.

Julie Zimmerman, a Democrat running for House District 71, questioned whether the measure reflects South Carolina values. "Our immigrant communities are an important fabric that makes South Carolina a special place," Zimmerman said. "To see them terrorized by their own neighbors, local law enforcement, would be heartbreaking."

Rep. Spencer Wetmore, D-Charleston, warned the bill would blow a hole in local budgets. Detention centers would be forced to hold people for extra days over minor offenses while waiting for ICE pickup -- all on the county's dime.

"In a world of scarce resources, let's keep them focused on the criminals," Wetmore said. "Let's keep them focused on public safety, not minor traffic offenses."

Speakers at the hearing also raised alarm about ICE agents operating in their communities, citing the February killings of Renee Good and Alex Pretti in Minneapolis by federal immigration agents.

Supporters Say It Keeps Immigration Enforcement Off the Streets

Rep. Travis A. Moore, R-Spartanburg, championed the bill throughout House debate. He argued that requiring jails to process immigration detainers creates a "safe and secure place" to execute warrants and transfer custody -- rather than having ICE conduct operations in neighborhoods.

"I wish ICE didn't have to be in our communities either," Moore said. "Unfortunately, that was a conscious decision made by previous administrations to not enforce our borders."

Moore opposed an amendment that would have banned ICE agents from wearing face coverings during operations.

What Happens Next

The bill passed the House 84-26 with overwhelming Republican support. Republicans hold majorities in both chambers.

It now awaits assignment to a Senate judiciary committee. If it clears committee and passes two more Senate votes, it heads to the governor for signature.

For South Carolina's immigrant communities -- and the local law enforcement agencies that serve them -- the message is clear: cooperation with federal immigration enforcement is about to become the law, not a choice.