summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Adding Section 8-31-10 So As To Create The "prohibition Of Sanctuary Jurisdictions Act"; By Adding Section 8-31-20 So As To Provide That Funds Appropriated By The State Must Not Be Obligated Or Expended For A County, Municipality, City, Public Service District, Special Purpose District, Special Tax District, Or Any Type Of Political Subdivision Determined By A Court Of Competent Jurisdiction To Be A Sanctuary Jurisdiction; By Adding Section 8-31-30 So As To Authorize The South Carolina Law Enforcement Division To Publish The Immigration Compliance Report And For The State Treasurer To Withhold Disbursements From The Local Government Fund To Any County Or Municipality Not Certified As Compliant In The Report; By Amending Section 17-15-10, Relating To A Person Charged With A Noncapital Offense May Be Released On His Own Recognizance, So As To Provide That An Illegal Alien Detained By A Local Or State Law Enforcement Agency Not Be Released Into The Community, But Held Until Transferred To The United States Immigration And Customs Enforcement; And By Amending Section 17-15-30, Relating To Matters To Be Considered In Determining Conditions Of Release, So As To Provide For An Alien Unlawfully Present In The United States That The Provisions Of Section 17-15-10(c) Be Followed.
AI Summary
This bill, titled the "Prohibition of Sanctuary Jurisdictions Act," aims to prevent local governments in South Carolina from adopting policies that restrict cooperation with federal immigration enforcement. It defines a "sanctuary jurisdiction" as any local government entity that prohibits or restricts sharing information about an individual's immigration status or complying with federal detainers, with exceptions for victims or witnesses of crimes. Under this bill, state funds will not be allocated to any jurisdiction found by a court to be a sanctuary jurisdiction, and such jurisdictions could face financial penalties and waive sovereign immunity, making them liable for damages from crimes committed by undocumented immigrants within their limits. The South Carolina Law Enforcement Division (SLED) will publish an annual "Immigration Compliance Report," and the State Treasurer will withhold funds from the Local Government Fund to any county or municipality not certified as compliant in this report. Furthermore, the bill mandates that undocumented immigrants detained by local or state law enforcement must be held until transferred to U.S. Immigration and Customs Enforcement (ICE), rather than being released into the community, and this status must be considered when determining release conditions for court appearances.
Committee Categories
Justice
Sponsors (4)
Last Action
Scrivener's error corrected (on 01/21/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0735&session=126&summary=B |
| Fiscal Note - S0735 2026-01-13 Introduced | https://www.scstatehouse.gov/sess126_2025-2026/fiscalimpactstatements/S0735%202026-01-13%20introduced.pdf |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/735_20260121.htm |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/735_20251210.htm |
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