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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-112-45 SO AS TO PROVIDE PEOPLE WHO HAVE A LAWFUL PRESENCE IN THIS STATE AND ARE NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH DOMICILE IN THIS STATE FOR THE PURPOSE OF RECEIVING IN-STATE TUITION RATES AND FEES AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND FOR STATE-SUPPORTED SCHOLARSHIPS AND GRANTS; AND BY ADDING SECTION 41-1-35 SO AS TO PROVIDE PEOPLE WHO HAVE A LAWFUL PRESENCE IN THIS STATE AND ARE NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH RESIDENCY AND BE ELIGIBLE FOR OCCUPATIONAL OR PROFESSIONAL LICENSURE UNDER THE PROVISIONS OF THIS CHAPTER, PROVIDED OTHER LICENSURE REQUIREMENTS ARE MET.
Whereas, approximately 6,400 Deferred Action for Childhood Arrivals (DACA) recipients, also known as "DREAMers", live in South Carolina; and
Whereas, in 2017 and 2018, the Joint Legislative Committee for Children received public input in Charleston, Columbia, Greenville, and Florence, wherein over forty DREAMers testified and requested eligibility to receive in-state tuition, eligibility for state scholarships, and the ability to receive occupational licenses; and
Whereas, approximately one-third of DREAMers in South Carolina are in middle school, high school, or college;
Whereas, with federal legislation, South Carolina could have DREAMers in this State indefinitely and, even without federal legislation, South Carolina will have legal status DREAMers in this State until March 2021. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 112, Title 59 of the 1976 Code is amended by adding:
"Section 59-112-45. (A) A person who has a lawful presence in this State and is not precluded from establishing residency under federal immigration law may establish domicile in this State for the purpose of receiving in-state tuition rates and fees at public institutions of higher education. A person eligible for in-state tuition rates pursuant to this section is eligible for state-supported scholarships and grants, provided other eligibility requirements are met.
(B) The provisions of this section apply notwithstanding another provision of law."
SECTION 2. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-35. (A) A person who has a lawful presence in this State and is not precluded from establishing residency under federal immigration law may establish residency and be eligible for occupational or professional licensure under the provisions of this chapter, provided other licensure requirements are met.
(B) The provisions of this section apply notwithstanding another provision of law."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on December 18, 2018 at 7:33 PM