Bill > H4282

This bill proposes a comprehensive set of legal provisions targeting undocumented immigrants in South Carolina, establishing new criminal penalties and enforcement mechanisms. Specifically, the bill makes it a felony for any person arrested for a criminal offense who is subsequently found to be unlawfully present in the United States, with potential imprisonment for at least five years. The legislation provides an alternative to imprisonment by allowing courts to dismiss criminal prosecution and require the individual to return to their country of origin, provided they meet certain conditions, such as having no prior violent crime convictions. The bill mandates that law enforcement agencies collect comprehensive identifying information about arrested individuals, including fingerprints and biometric data, and cross-reference this information with criminal and national security databases. An individual may avoid prosecution if they have been granted lawful presence, asylum, or were approved for the Deferred Action for Childhood Arrivals (DACA) program between specific dates. The bill also preempts any local municipal regulations regarding unauthorized presence, effectively creating a statewide standard for handling undocumented immigrants. Notably, persons convicted under this law would be ineligible for probation or delayed sentencing, and the Department of Corrections would be required to coordinate with federal immigration authorities to facilitate the individual's deportation.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4282&session=126&summary=B