South Carolina 2025-2026 Regular Session

South Carolina House Bill H5270

Introduced
2/26/26  

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-29-10, RELATING TO APPLICANTS FOR PUBLIC BENEFITS AND VERIFICATION OF LAWFUL PRESENCE, SO AS TO REQUIRE VERIFICATION OF LAWFUL PRESENCE IN THE UNITED STATES FOR ALIENS AGED EIGHTEEN YEARS OR OLDER WHO APPLY FOR GOVERNMENTAL BENEFITS ADMINISTERED BY THIS STATE UNLESS OTHERWISE PROHIBITED BY FEDERAL LAWS, RULES OR REGULATIONS.

Impact

The implications of this bill are significant as it seeks to tighten eligibility for public benefits by enforcing strict verification rules. If enacted, state agencies will have to implement procedures to confirm lawful presence, which may increase administrative workloads. Furthermore, this could lead to a reduction in eligible applicants for various assistance programs, including healthcare, housing, and educational benefits. Supporters argue that this legislation is a necessary step towards safeguarding state resources and ensuring that benefits are distributed appropriately, while opponents express concerns about potential discrimination and the unintended consequences that may arise from stricter verification processes.

Summary

House Bill 5270 addresses the amendment of the South Carolina Code of Laws specifically Section 8-29-10, which pertains to the verification of lawful presence in the United States for individuals aged eighteen and older who apply for state or local governmental benefits. The bill mandates that agencies or political subdivisions within South Carolina must verify applicants' lawful presence to ensure that individuals receiving benefits are legally eligible. This action aligns with federal laws that limit public benefits to those who can prove they are lawfully present in the U.S., thereby potentially affecting many local assistance programs.

Contention

Key points of contention surrounding HB 5270 stem from differing views on immigration policy and its relation to public welfare. Proponents of the bill argue that it is essential for maintaining the integrity of state programs and preventing fraud. Critics, including some advocacy groups for immigrant rights, contend that stringent verification requirements may lead to discrimination against minority groups and those who may find it challenging to provide the necessary documentation. Furthermore, there are worries about the implications for eligible individuals, particularly those who are elderly or suffering from medical issues, who may struggle to meet the verification requirements.

Additional_notes

Notably, the bill includes provisions that entail legal repercussions for individuals who provide false information during the verification process. This criminal element serves both as a deterrent against potential fraud and as a point of debate among legislators regarding the balance between enforcement and equitable access to necessary public services.

Companion Bills

No companion bills found.

Previously Filed As

SC H5740

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-29-10, RELATING TO THE REQUIRED VERIFICATION OF WHETHER CERTAIN INDIVIDUALS ARE LAWFULLY PRESENT IN THE UNITED STATES WHEN APPLYING FOR PUBLIC BENEFITS, SO AS TO REQUIRE STATE AGENCIES AND POLITICAL SUBDIVISIONS TO REFER AN APPLICANT'S INFORMATION TO UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT IN CERTAIN CIRCUMSTANCES.

SC H0135

Amends existing law to remove certain provisions for verification of lawful presence to receive public benefits.

SC S1293

Amends existing law to provide that verification of lawful presence is not required to apply for or receive crime victims compensation.

SC HB2806

lawful presence; public programs; verification

SC HB931

Requiring identification of lawful presence in the United States as a prerequisite to the receipt of public benefits.

SC SB671

Public benefits; modifying definitions related to lawful presence of applicants. Effective date.

SC SB671

Public benefits; modifying definitions related to lawful presence of applicants. Effective date.

SC SB1205

Relating to the provision of certain public benefits and services to persons not lawfully present in the United States.

SC SF1482

Proof requirement of lawful presence in the United States to obtain driver's license or identification card

SC HF3297

Proof of lawful presence in the United States required to obtain driver's license or identification card.

Similar Bills

No similar bills found.