South Carolina 2025-2026 Regular Session

South Carolina House Bill H5280

Introduced
2/26/26  

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 5-7-320 SO AS TO PROHIBIT MUNICIPALITIES FROM RESTRICTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS OR LIMITING INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS, AND PERMIT THE ATTORNEY GENERAL TO BRING A CIVIL ACTION AND ESTABLISH A RIGHT OF ACTION FOR CERTAIN CITIZENS; AND BY AMENDING SECTION 6-1-170, RELATING TO PREEMPTION OF LOCAL ORDINANCE RELATING TO IMMIGRATION, SO AS TO PROHIBIT POLITICAL SUBDIVISIONS FROM RESTRICTING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS OR LIMITING INFORMATION REGARDING CITIZENSHIP OR IMMIGRATION STATUS, AND PERMIT THE ATTORNEY GENERAL TO BRING A CIVIL ACTION AND ESTABLISH A RIGHT OF ACTION FOR CERTAIN CITIZENS.

Impact

The implications of H5280 are significant for South Carolina's state laws regarding immigration enforcement. By amending existing statutes, the bill empowers the Attorney General to take civil action against municipalities that do not comply with these stipulations, thereby reinforcing state control over local governments. Furthermore, it provides citizens with the ability to file private actions against municipalities for violations, which could introduce a new layer of legal scrutiny and pressure on local officials to conform to federal guidelines.

Summary

House Bill H5280 addresses the enforcement of federal immigration laws at the municipal level in South Carolina. Specifically, the bill prohibits municipalities from enacting any policies, ordinances, or procedures that would limit the enforcement of federal immigration laws. This includes restrictions on gathering or communicating information regarding individuals' citizenship or immigration statuses. In positioning the state firmly in support of federal immigration enforcement, the bill aims to eliminate any local policies that could be construed as sanctuary or obstructive to federal efforts.

Contention

The bill has generated debates among lawmakers about the balance of power between state and local governance. Supporters argue that the bill is necessary to ensure compliance with federal immigration laws and to prevent any municipal actions that could undermine immigration enforcement. Opponents, however, express concern that this intrusion into local governance may hinder those communities' abilities to make decisions that reflect their unique social and cultural circumstances. This contention highlights a broader tension about the role of state legislatures in local affairs, especially on divisive issues like immigration.

Companion Bills

No companion bills found.

Previously Filed As

SC S09490

Prohibits landlords or their agents from inquiring or requiring disclosure about citizenship or immigration status, requiring specific immigration documentation to be presented, disclosing immigration or citizenship status to third parties, or threatening to report a tenant's citizenship or immigration status in retaliation for asserting their rights.

SC A11176

Prohibits landlords or their agents from inquiring or requiring disclosure about citizenship or immigration status, requiring specific immigration documentation to be presented, disclosing immigration or citizenship status to third parties, or threatening to report a tenant's citizenship or immigration status in retaliation for asserting their rights.

SC HB954

VA Human Rights Act; prohibits discrimination on the basis of citizenship or immigration status.

SC A10021

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

SC S08597

Prohibits children from being denied access to a free public education on account of perceived or actual citizenship or immigration status or the perceived or actual citizenship or immigration status of their parents or person in a parental relationship.

SC SB01038

An Act Prohibiting Municipalities From Imposing Restrictions On Or Taking Adverse Action Against Any Person Who Reports A Suspected Fraudulent Marriage To United States Citizenship And Immigration Services.

SC HF3409

Denial of an education based on immigration status prohibited, and civil cause of action provided when right to education is denied based on immigration status.

SC H4764

Immigration

SC A03506

Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status; prohibits an educational agency, higher education agency, school employee, school safety personnel, or third-party contractor from collecting information about a person's citizenship, immigration status, nationality, or country of origin, unless required by law or necessary to administer a public program or benefit sought by such person.

SC S02235

Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status; prohibits an educational agency, higher education agency, school employee, school safety personnel, or third-party contractor from collecting information about a person's citizenship, immigration status, nationality, or country of origin, unless required by law or necessary to administer a public program or benefit sought by such person.

Similar Bills

TX HB5337

Relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.

TX SB16

Relating to requiring a person to submit proof of citizenship to register to vote, including the eligibility of certain voters to vote a limited federal ballot if the voter cannot supply the required proof and the procedures for the counting of those ballots; creating criminal offenses.

AZ HB2038

Voter registration; citizenship proof

CA AJR5

Birthright citizenship.

CA SR32

(2025-2026)

PA HB284

Providing for secure and fair elections and the authentication of United States citizenship.