South Carolina H 4527: Federal Due Process

Bill Text

2025-2026 Bill 4527 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4527

Indicates Matter Stricken
Indicates New Matter

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

A house RESOLUTION

TO AFFIRM THE 
CONSTITUTIONAL RIGHT OF DUE PROCESS AND THE OBLIGATION OF THE U.S. GOVERNMENT 
TO FOLLOW FEDERAL COURT ORDERS.

Whereas, the Fifth and 
Fourteenth Amendments to the U.S. Constitution protect life, liberty, and 
property through the guarantee of due process for all U.S. persons; and

Whereas, the U.S. 
Government has arrested and removed over 250 individuals from the territorial 
United States to an El Salvadoran prison without an opportunity to contest 
their removal and incarceration; and

Whereas, the U.S. 
Government has admitted in federal court that one of these individuals, Kilmar 
Abrego Garcia, was erroneously removed in contravention of a federal court 
order prohibiting his removal to El Salvador; and

Whereas, a U.S. 
District Court has found probable cause to hold a contempt hearing after the 
U.S. Government was ordered to pause the removals long enough for a hearing to 
be held, but proceeded with the removals anyway; and

Whereas, the U.S. 
Government has been ordered in a unanimous opinion by the U.S. Supreme Court to 
facilitate Mr. Abrego Garcia's return, yet the U.S. Government professes an 
inability to retrieve Mr. Garcia now that he is outside U.S. territory; and

Whereas, the U.S. Court 
of Appeals for the Fourth Circuit has rejected this claim in a unanimous 
opinion authored by Judge J. Harvie Wilkinson III, explaining that the U.S. 
Government's theory that "…because it has rid itself of custody that there is 
nothing that can be done." was "shocking" and raises the specter that American 
citizens could likewise be removed and denied repatriation under the same rationale; 
and

Whereas, the President 
of the United States has made a public statement encouraging the President of 
El Salvador to build additional prisons because "The homegrowns are next, the 
homegrowns."; and

Whereas, maintaining 
the rule of law and abiding court rulings is paramount to our system of ordered 
liberty and the obligation to do so is not limited to any president or 
political party; and

Whereas, each of us, 
having sworn an oath to preserve, protect, and defend the Constitution of this 
State and the Constitution of these United States. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of 
Representatives, by this resolution, affirm the constitutional right of due 
process and the obligation of the U.S. Government to follow federal court 
orders.

Be it further resolved that the members of the 
South Carolina House of Representatives affirm the right of all U.S. persons to 
due process before being removed and incarcerated in a foreign prison; and

Be it further resolved that process guaranteed by 
our Constitution is due to both the guilty and innocent alike to ensure that no 
person is unjustly or wrongly denied life, liberty, or property; and

Be it further resolved that the U.S. Government 
must take care that the laws of the United States are faithfully executed, 
which includes abiding by the rulings of the U.S. Supreme Court and the lower 
federal courts.

Be it further resolved that a copy of this resolution 
be presented to the President of the United States.

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