Signed by Governor Nikki Haley

Vote Smart's Synopsis:

Vote to pass a bill that authorizes law enforcement officers to determine the immigration status of lawfully-arrested individuals.

Highlights:

• Requires a state or local law enforcement officer to determine the immigration status of any individual lawfully detained or investigated if the officer "reasonably" suspects that the individual is not lawfully present in the United States (Sec. 5).

• Specifies that any individual who is able to produce a valid picture identification card issued by a federal, state, or tribal government agency is presumed to be lawfully present in the United States (Sec. 5).

• Authorizes a law enforcement officer to transfer custody of an individual he or she has detained to the Illegal Immigration Enforcement Unit of the South Carolina Department of Public Safety or the United States Immigration and Customs Enforcement, if the officer has determined that the individual is not lawfully present in the United States (Sec. 5).

• Prohibits law enforcement officers from considering race, color, or national origin when making determinations regarding an individual's immigration status (Sec. 5).

• Requires law enforcement officers to respect "the privileges and immunities" of American citizens when making determinations regarding an individual's immigration status (Sec. 5).

• Prohibits the transportation or harboring within South Carolina of undocumented immigrants, punishable by a fine of up to $5,000, imprisonment of up to 5 years, or both (Sec. 3).

• Requires undocumented immigrants of at least 18 years of age to always have in their possession their federal certificates of registration, a violation of which is subject to a fine of up to $100, imprisonment of up to 30 days, or both (Sec. 4).

• Establishes the Illegal Immigration Enforcement Unit within the South Carolina Department of Public Safety to enforce federal and state immigration laws (Sec. 11).

• Rep. Mike Anthony is not listed on our vote breakdown because his vote did not accurately reflect his intentions; he initially voted "Yea" but intended to vote "Nay".

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires law enforcement officers to check the immigration status of lawfully-detained individuals.

Highlights:

• Requires that when stopping or detaining a person for a criminal offense, a law enforcement officer must determine the immigration status of that person if the officer suspects that the person is unlawfully in the United States (Sec. 5).

• Establishes that the law enforcement officer may not take race, color, or national origin into consideration as a valid reason to be suspicious that the person detained for a criminal offense might be unlawfully present in the United States (Sec. 5).

• Specifies that if the person who is stopped or detained for a criminal offense provides a valid form of identification, it shall be presumed that that person is lawfully present in the United States. Valid forms of identification include (Sec. 5):
• A driver's license or picture identification issued by the South Carolina Department of Motor Vehicles;
• A driver's license or picture identification issued by another state;
• A picture identification issued by the United States, including a passport or military identification; or
• A tribal picture identification.

• Establishes that if an officer determines that the person is unlawfully present in the United States, then the officer shall cooperate and determine with the Illegal Immigration Enforcement Unit within the South Carolina Department of Public Safety or the United States Immigration and Customs Enforcement on who is to retain custody of the unlawfully present person (Sec. 5).

• Prohibits a law enforcement officer, while stopping or detaining an individual, from making an independent judgment of a person's lawful presence in the United States (Sec. 6).

• Specifies that it is a felony for a person to be in South Carolina in violation of the law or to conspire to move to the state with unlawful intent (Sec. 3).

• Requires that a fee be implemented on wire transfers or money transmissions from the state of South Carolina to a country outside of the United States. For a wire transfer of less than $500, a $5 fee is required and for a transfer over $500 a fee of 1 percent is required (Sec. 9).

• Prohibits a person from making, issuing, or selling, or offering to do so, a false, fictitious, fraudulent, or counterfeit picture identification that is for the use by an person who is unlawfully present in the United States, and makes it a penalty for any violation with a fine $25,000, imprisonment of 5 years, or both (Sec. 10).

Full Bill Text