If you live in South Carolina, immigration law is changing quickly. New rules, new enforcement tools, and new penalties are taking effect right now. Whether you’re an immigrant, an employer, or just a curious resident, this matters to you.
This guide breaks it all down in plain English. No confusing legal terms. No surprises.
What Is Immigration Law in South Carolina?
Immigration law controls who can live and work in the United States. It also sets rules for how the country handles people without legal status. Basically, it determines what’s allowed and what’s not.
Most immigration law is federal. That means the U.S. government sets the main rules. But states like South Carolina can still play a big role. They can enforce federal laws, punish employers, and cooperate with federal agencies. South Carolina does all three.
Right? That might seem simple. But the details matter a lot.
South Carolina’s Illegal Immigration Reform Act
South Carolina has had its own immigration law since 2008. It’s called the South Carolina Illegal Immigration Reform Act. This law is the backbone of how the state handles immigration enforcement.
The law has been updated several times since then. The most recent major changes came in 2024 and are still being expanded in 2026. Stay with me here. This part is important.
What the Law Covers
The Illegal Immigration Reform Act has two big goals. First, it makes employers check if their workers are legally allowed to work in the U.S. Second, it gives state law enforcement more tools to work with federal immigration agents.
Think of it like a partnership. South Carolina agrees to help the federal government. The federal government gives South Carolina more authority in return.
Employer Rules: E-Verify Is Required
Okay, this one’s important if you run a business in South Carolina.
All employers in the state must use E-Verify. E-Verify is a free online system run by the federal government. It checks if a new hire is legally allowed to work in the U.S. It compares your employee’s Form I-9 information to government records.
Wondering if this applies to your business? It does. It applies to all employers, public and private.
How E-Verify Works
You hire someone new. You enter their information into the E-Verify system. The system checks it against federal databases. You get a result in seconds. Pretty straightforward.
Employers have three business days after hiring a new employee to complete the check. If you skip it, you’re taking a serious legal risk.
Penalties for Employers Who Don’t Comply
Here’s where things get serious. If you knowingly hire someone without work authorization, your business licenses can be suspended. That means you can’t operate, open your doors, or hire anyone during the suspension period.
For a first offense, the suspension lasts at least 10 days but no more than 30 days. You also pay a reinstatement fee. That fee covers the cost of the investigation and can be up to $1,000.
A second offense brings a suspension of 30 to 60 days. A third offense? Your business licenses are revoked entirely.
This is not a small fine. It could shut your business down. Most people don’t realize how serious the consequences are.
The SLED Immigration Enforcement Unit
South Carolina created a special immigration enforcement team inside its state police agency. That agency is called SLED. SLED stands for the South Carolina Law Enforcement Division.
In 2024, the state officially created the Illegal Immigration Enforcement Unit inside SLED. This unit’s job is to enforce immigration laws across the state. It works with local agencies and the federal government.
SLED Partners With ICE
Hold on, this part is important. In March 2025, SLED signed a formal agreement with ICE. ICE stands for U.S. Immigration and Customs Enforcement. This is the main federal agency that handles deportation.
The agreement is called a 287(g) agreement. It allows SLED agents to act with immigration enforcement powers. At first, 47 SLED agents were authorized. By February 2026, that number had grown to 82 agents. Five more were in training at that time.
That means more than 12 percent of SLED’s entire workforce now has federal immigration enforcement powers. That’s a big deal.
What SLED Can Do
SLED has been clear about one thing. They are not doing traffic stops or immigration checkpoints. But their task force agreement with ICE gives them the power to detain people on immigration grounds. This applies even if the person has not committed a state or local crime.
SLED agents assisted in over 1,000 immigration operations in 2025. That was a 261 percent increase from 2023. These operations can include surveillance, raids, and arrests at homes or workplaces.
Local Law Enforcement and 287(g) Programs
It’s not just SLED. Local sheriffs and police departments in South Carolina can also partner with ICE. This happens through the 287(g) program. The program allows local officers to help ICE with immigration enforcement.
As of 2026, almost half of South Carolina’s sheriff’s offices have joined the 287(g) program. Eleven municipalities have also signed up. The program was previously limited to Horry, Lexington, and York counties. That number has grown significantly since 2025.
A bill introduced in the House in January 2026 would go even further. It would require all jails and correctional facilities in the state to sign formal agreements with federal immigration agencies. That bill is currently in the Senate Judiciary Committee.
No Sanctuary Cities in South Carolina
A lot of people ask about this. Are there any sanctuary cities in South Carolina? The short answer is no.
South Carolina law already prevents local governments from blocking immigration enforcement. A 2026 bill called the Prohibition of Sanctuary Jurisdictions Act goes even further. It would cut state funding to any city or county that acts as a sanctuary jurisdiction.
A sanctuary jurisdiction is one that has rules preventing police from sharing information about someone’s immigration status with federal agencies. In South Carolina, that is already generally prohibited.
Confused about the difference? A city might want to protect immigrants from federal enforcement. South Carolina’s laws are designed to stop that from happening.
Immigration Status Checks After Arrest
This is a big one. A bill from 2025 in South Carolina would make things stricter after an arrest. Under that proposal, any person arrested for a state crime who is found to be in the country without legal status could face a felony charge on top of the original offense.
The bill would also require law enforcement to collect fingerprints and biometric data from those individuals. That data would be checked against federal crime and national security databases.
This bill was working its way through the legislature as of 2025. It has not been signed into law yet. But it shows the direction South Carolina is heading. This part can be tricky, honestly, because laws in progress can change quickly.
What Happens If You Are Detained
If you are detained by local police in South Carolina, they may check your immigration status. Under proposed and existing law, anyone found to be in the country without legal status is not supposed to be released back into the community. Instead, they would be held until ICE takes custody.
Personally, I think this is the part most immigrants and advocates are watching most closely. It changes the risk of even a minor police encounter.
A Note on Professional Licenses
Here’s a positive side of South Carolina’s immigration laws that most people overlook. Immigrants who have valid work authorization from the federal government can apply for professional and occupational licenses in South Carolina. This includes licenses like those for contractors, nurses, and other skilled workers.
You still have to meet all the normal requirements. But having an employment authorization document does not automatically disqualify you from getting a license. That’s actually a meaningful protection for immigrants with legal status.
How to Stay Informed and Protected
If you are an immigrant living or working in South Carolina, here’s what you need to do right now.
Know your rights. You have the right to remain silent. You have the right to speak with an attorney. You do not have to answer questions about your immigration status to state police unless a federal immigration officer is present.
If you are an employer, make sure you are enrolled in E-Verify. Use it for every new hire. Keep your Form I-9 records up to date. Document everything.
If you are facing an immigration issue, contact an immigration attorney. This is not an area where you want to guess. The stakes are too high.
Don’t worry. Help is available. Organizations like the ACLU of South Carolina and local legal aid groups can point you in the right direction.
Frequently Asked Questions
Does South Carolina require all employers to use E-Verify?
Yes. The South Carolina Illegal Immigration Reform Act requires all employers to use E-Verify to verify the work eligibility of every new hire within three business days.
Can South Carolina police arrest someone just for immigration status?
SLED agents with 287(g) task force authority can detain people for immigration violations even without a state crime. However, regular local police generally need an ICE detainer or federal direction to take immigration-based enforcement action.
Are there any sanctuary cities in South Carolina?
No. South Carolina law prohibits local governments from restricting immigration enforcement. Legislation in 2026 would further penalize any jurisdiction that acts like a sanctuary city by cutting state funding.
What happens if my employer does not use E-Verify?
An employer who knowingly hires an unauthorized worker can have their business licenses suspended for 10 to 30 days on a first offense. Repeat violations can result in longer suspensions or full license revocation.
Can immigrants get professional licenses in South Carolina?
Yes, if you have valid federal work authorization. Immigrants with current employment authorization documents are eligible for occupational and professional licenses as long as they meet all other requirements.
What is a 287(g) agreement?
A 287(g) agreement is a partnership between a local or state law enforcement agency and ICE. It allows trained state or local officers to carry out certain immigration enforcement duties under ICE oversight.
Final Thoughts
South Carolina is one of the most active states in the country when it comes to immigration enforcement. The rules are getting stricter. Enforcement is expanding. And new legislation is moving through the statehouse right now.
Whether you’re an immigrant, a business owner, or a resident who wants to understand the law, knowing what’s happening is the first step. Stay informed. If something doesn’t seem right, talk to a lawyer. When in doubt, look it up or ask a professional.
Now you know the basics. The laws are changing fast. Make sure you keep up.
References
- South Carolina Illegal Immigration Reform Act, Title 41, Chapter 8 – SC Code of Laws
- SC Code Section 23-3-80 – Illegal Immigration Enforcement Unit (2024)
- SC Bill 4764 – Correctional Facility ICE Agreements (2026)
- SC Bill 735 – Prohibition of Sanctuary Jurisdictions Act (2026)
- Post and Courier: SLED Expands ICE Collaboration in South Carolina (2026)
- SC Daily Gazette: SLED Joins ICE Street-Level Enforcement (2025)
- SCLLR Office of Immigration Compliance – E-Verify
