Introduced

March 9, 2023

H. 4120

Introduced by Rep. Pope

 

S. Printed 03/09/23--H.

Read the first time March 09, 2023

 

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A bill

 

TO AMEND THE south carolina CODE OF LAWS BY ADDING SECTION 23-3-80 SO AS TO CREATE THE "ILLEGAL IMMIGRATION ENFORCEMENT UNIT" WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR ITS ADMINISTRATION AND DUTIES, AND TO REQUIRE it to enter into A MEMORANDUM OF AGREEMENT WITH the UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT agency; by repealing SECTION 23-6-60 and chapter 30 of title 8 RELATING TO THE CREATION OF THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE DEPARTMENT OF public SAFETY and recording and reporting of immigration law violations; and by adding section 40-1-35 so as to provide certain immigrants are eligible for occupational or professional licensure under this title.

 

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

 

SECTION 1.  Article 1, Chapter 3, Title 23 of the S.C. Code is amended by adding:

 

    Section 23-3-80. (A) There is created an "Illegal Immigration Enforcement Unit" within the South Carolina Law Enforcement Division (SLED). The purpose of the Illegal Immigration Enforcement Unit is to enforce immigration laws as authorized pursuant to federal laws and the laws of this State.

    (B) The Illegal Immigration Enforcement Unit is under the administrative direction of the Chief of SLED. SLED shall designate such agents and other personnel that the chief deems necessary and proper to enforce the immigration laws as authorized pursuant to federal laws and the laws of this State and to administer and oversee the operations of the Illegal Immigration Enforcement Unit.

    (C) Notwithstanding any other provision of law, the Illegal Immigration Enforcement Unit must be funded annually by a specific appropriation to the Illegal Immigration Enforcement Unit in the state general appropriations act, separate and distinct from SLED's other appropriations.

    (D) To the extent possible SLED shall negotiate the terms of a memorandum of agreement with the United States Immigration and Customs Enforcement Agency pursuant to Section 287(g) of the federal Immigration and Nationality Act as soon as possible after the effective date of this act.

    (E) Nothing in this section may be construed to prevent other law enforcement agencies of the State and political subdivisions of the State, including local law enforcement agencies, from enforcing immigration laws as authorized pursuant to federal laws and the laws of this State.

    (F) SLED shall develop an illegal immigration enforcement training program and shall make this training program available to all local law enforcement agencies to assist any local law enforcement agency wishing to utilize the training program in the proper implementation, management, and enforcement of applicable immigration laws.

 

SECTION 2.  Section 23-6-60 of the S.C. Code is repealed.

 

SECTION 3.  Chapter 30, Title 8 of the S.C. Code is repealed.

 

SECTION 4.  Article 1, Chapter 1, Title 40 of the S.C. Code is amended by adding:

 

    Section 40-1-35. A person who:

    (1) has a current and valid employment authorization approved by federal immigration authorities;

    (2) came to the United States before reaching his eighteenth birthday;

    (3) has continuously and presently resided in the United States since initially arriving in the country;

    (4) was physically present within the United States at the time a request was made for consideration of deferred action with the U.S. Citizenship and Immigration Services;

    (5) has not been convicted of a felony or three or more misdemeanors; and

    (6) does not otherwise pose a threat to national security or public safety shall be eligible for occupational or professional licensure under the provisions of this title provided all other applicable occupational or professional requirements are met.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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