South Carolina H 5275: 420 Day

Bill Text

2025-2026 Bill 5275 Text of Previous Version (Feb. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5275

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 AMENDING SECTION 16-9-460, RELATING TO UNLAWFUL ENTRY 
INTO THE UNITED STATES AND FURTHERING ILLEGAL ENTRY BY OR AVOIDANCE OF 
DETECTION OF UNDOCUMENTED ALIENS, SO AS TO ELIMINATE CERTAIN EXCEPTIONS, AND TO 
ESTABLISH THAT PERSONS SHALL NOT BE IN VIOLATION IF THEY PROVIDE ASSISTANCE OR 
SERVICES WITHOUT THE INTENT TO FURTHER UNLAWFUL ENTRY OR AVOID DETECTION BY 
AUTHORITIES, OR AS REQUIRED BY FEDERAL LAW.

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

SECTION 1. Section 16-9-460 of the S.C. Code is amended to read:

 Section 
16-9-460. (A) It is a felony for a 
person who has come to, entered, or remained in the United States in violation 
of law to allow themselves to be transported, moved, or attempted to be 
transported within the State or to solicit or conspire to be transported or moved 
within the State with intent to further the person's unlawful entry into the 
United States or avoiding apprehension or detection of the person's unlawful 
immigration status by state or federal authorities.

 (B) 
It is a felony for a person knowingly or in reckless disregard of the fact that 
another person has come to, entered, or remained in the United States in 
violation of law to transport, move, or attempt to transport that person within 
the State or to solicit or conspire to transport or move that person within the 
State with intent to further that person's unlawful entry into the United 
States or avoiding apprehension or detection of that person's unlawful 
immigration status by state or federal authorities.

 (C) 
It is a felony for a person who has come to, entered, or remained in the United 
States in violation of law to conceal, harbor, or shelter themselves from 
detection or to solicit or conspire to conceal, harbor, or shelter themselves 
from detection in any place, including a building or means of transportation, 
with intent to further that person's unlawful entry into the United States or 
avoiding apprehension or detection of the person's unlawful immigration status 
by state or federal authorities.

 (D) 
It is a felony for a person knowingly or in reckless disregard of the fact that 
another person has come to, entered, or remained in the United States in 
violation of law to conceal, harbor, or shelter from detection or to solicit or 
conspire to conceal, harbor, or shelter from detection that person in any 
place, including a building or means of transportation, with intent to further 
that person's unlawful entry into the United States or avoiding apprehension or 
detection of that person's unlawful immigration status by state or federal 
authorities.

 (E) A 
person who violates the provisions of this section is guilty of a felony and, 
upon conviction, must be punished by a fine not to exceed five thousand dollars 
or by imprisonment for a term not to exceed five years, or both.

 (F) A 
person who is convicted of, pleads guilty to, or enters into a plea of nolo 
contendere to a violation of this section must not be permitted to seek or 
obtain any professional license offered by the State or any agency or political 
subdivision of the State.

 (G) This section does not apply to 
programs, services, or assistance including soup kitchens, crisis counseling, 
and intervention; churches or other religious institutions that are recognized 
as 501(c)(3) organizations by the Internal Revenue Service; or short-term 
shelters specified by the United States Attorney General, in the United States 
Attorney General's sole discretion after consultation with appropriate federal 
agencies and departments, which:

 (i) deliver in-kind services at the 
community level, including through public or private nonprofit agencies;

 (ii) do not condition the provision of 
assistance, the amount of assistance provided, or the cost of assistance 
provided on the individual recipient's income or resources; and

 (iii) are necessary for the 
protection of life or safety.

 Shelter provided for 
strictly humanitarian purposes or provided under the Violence Against Women Act 
is not a violation of this section, so long as the shelter is not provided in 
furtherance of or in an attempt to conceal a person's illegal presence in the 
United States.

 (H) Providing health care treatment or 
services to a natural person who is in the United States unlawfully is not a 
violation of this section.

 (G) Notwithstanding the provisions of 
subsections (A) through (D), a person shall not be in violation of this section 
if he provides assistance or services to another person who has come to, 
entered, or remained in the United States in vi