South Carolina H 4282: Arrests of undocumented immigrants

Bill Text

2025-2026 Bill 4282 Text of Previous Version (Apr. 02, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4282

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING article 6 to chapter 9, title 16 SO AS TO PROVIDE THAT ANY PERSON 
ARRESTED FOR VIOLATING A CRIMINAL LAW OF THIS STATE WHO IS SUBSEQUENTLY 
DETERMINED TO BE UNLAWFULLY PRESENT IN THE UNITED STATES IS GUILTY OF A FELONY, 
TO PROVIDE PENALTIES FOR VIOLATIONS, TO ALLOW FOR DEPORTATION IN LIEU OF 
IMPRISONMENT, AND TO REQUIRE THE COLLECTION AND MAINTENANCE OF IDENTIFYING 
INFORMATION OF PERSONS ARRESTED PURSUANT TO THIS ARTICLE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 9, Title 16 of the 
S.C. Code is amended by adding:

Article 6

Offenses 
Committed by Undocumented Immigrants

 Section 
16-9-500. (A) As used in this 
section, "alien" means any person not a citizen or national of the United 
States.

 (B) Any person who is apprehended and 
arrested for violating a criminal law of this State, and after determining the 
citizenship status the person is found to be unlawfully present in the United 
States, shall be guilty of a felony and, upon conviction, sentenced to 
imprisonment for a term of not less than five years.

 (C) In lieu of the sentence of 
imprisonment, the court shall have the authority to dismiss the criminal 
prosecution and issue a written order discharging the person and requiring said 
individual to return to his country of origin if the person:

 (1) agrees to the written order;

 (2) has not previously been convicted 
of a violent crime, as defined in Section 16-1-60, in this State or another 
state; and

 (3) is not charged with another felony 
offense.

 Upon 
issuance of the written order, the court shall direct the law enforcement 
agency having custody of the person to remand the person to the custody of the 
Department of Corrections with instructions to return the person to his country 
of origin.

 (D) Once the Department of Corrections 
receives custody of the person, the department shall notify the United States 
Customs and Border Protection of the Department of Homeland Security within 
seven days to arrange transportation for the repatriation of said person back 
to his country of origin.

 (E) Any alien who has been denied 
admission, excluded, deported, or removed, or has departed the United States 
while an order of exclusion, deportation, or removal is outstanding, and 
thereafter enters, attempts to enter, or is at any time found in South Carolina 
shall, upon conviction, be guilty of a felony and punished in accordance with 
the provisions of subsection (B), unless:

 (1) prior to reembarkation of the alien 
at a place outside the United States or application by the alien for admission 
from a foreign contiguous territory, the United States Attorney General has 
expressly consented to such alien's reapplying for admission; or

 (2) with respect to an alien previously 
denied admission and removed, such alien established that he was not required 
to obtain such advance consent under this section or any prior statute.

 (F) The arresting law enforcement 
agency shall collect all identifying information of the person including all 
fingerprints and any other applicable photographic and biometric data to 
identify the person. Once obtained, the law enforcement agency shall cross-reference 
the collected information with:

 (1) all relevant local, state, and 
federal criminal databases; and

 (2) federal lists or classifications 
used to identify a person as a threat or potential threat to national security.

 The 
South Carolina Law Enforcement Division shall have the authority to collect and 
maintain the identifying information collected by law enforcement agencies 
pursuant to the provisions of this subsection.

 (G) It shall be an affirmative defense 
to prosecution under the provisions of subsection (B) that:

 (1) the federal government has granted 
the defendant:

 (a) lawful presence in the United 
States; or

 (b) asylum under Section 1158 of Title 
8 of the United States Code; or

 (2) the defendant was approved for 
benefits under the federal Deferred Action for Childhood Arrivals program 
between June 15, 2012, and July 16, 2021.

 (H) Any person convicted of an offense 
pursuant to the provisions of this section shall not be eligible for probation 
or delayed sentencing.

 (I) The legislature finds that the 
presence of persons who are unauthorized to be present within the State of 
South Carolina is a matter of statewide concern. Therefore, the legislature 
hereby occupies and preempts the entire field of legislation in this State 
regarding the presence of persons who have entered and remained in this State 
without first having obtained the l