South Carolina State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in South Carolina. Learn more about:

• Law enforcement and immigration in South Carolina
• South Carolina E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Education restrictions and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in South Carolina should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in South Carolina

Federal government agencies work with local authorities to manage immigration laws. The Immigration and Nationality Act (INA) Section 287(g) explains this cooperation.

Under Section 287(g), states have authority, through Immigration and Customs Enforcement (ICE), to perform certain functions of immigration officers. The local government helps identify immigrants with criminal charges.

Some South Carolina municipalities in counties and cities participate in the 287(g) ICE ACCESS Program. ICE provides a full list of participating agencies on its Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act webpage. Scroll down the page until you see a button titled “View 287(g) Participating Agencies.”

Meanwhile, the following are some of the government entities that handle immigration matters in the United States:

• The Department of Homeland Security (DHS) — The DHS safeguards the U.S. from security threats. The department manages immigration enforcement, border security, and emergency response coordination. It also handles immigration-related issues.
• U.S. Citizenship and Immigration Services (USCIS) — USCIS oversees immigration to the United States. USCIS processes citizenship, green cards, visas, and other immigration benefits.
• U.S. Immigration and Customs Enforcement (ICE) — ICE safeguards the integrity of the U.S. immigration system. ICE focuses on enforcing immigration laws. It also conducts investigations and detentions of those who violate these laws.
• Federal Bureau of Investigation (FBI) — The FBI combats a wide range of criminal acts in the U.S. This includes crimes related to immigration, such as smuggling, human trafficking, visa fraud, and more.

Employment Checks and E-Verify

On June 27, 2011, the amendments to South Carolina’s Illegal Immigration and Reform Act (SCIIRA) became law. The South Carolina law requires all employers in the state to enroll with the DHS’s E-Verify system.

The E-Verify system verifies workers’ employment authorization. It compares the employee’s information with the database and examines their eligibility to work in the U.S.

An employer who fails to enroll with E-Verify could face sanctions. The employer could lose their business license or get probation. Similar sanctions may apply to private employers who hire immigrants without proper documentation.

The Department of Labor, Licensing and Regulation (LLR) of South Carolina investigates employment complaints. LLR conducts random audits to ensure employers follow verification laws.

E-Verify use is mandatory for all public and private employers in South Carolina. 

Driver’s License and ID Requirements

Applicants for driver’s licenses in South Carolina must show proof of identification. The following are some of the acceptable documents:

• U.S. passport
• Birth certificate
• Social Security number
• Proof of current address
• Evidence of name change (if applicable)

For non-U.S. citizens in South Carolina, designated DMV branches process their applications. There is a separate checklist for noncitizens.

Immigrants in South Carolina without proper documentation can’t get a driver’s license.

Public Benefits Restrictions

Immigrants living in South Carolina illegally cannot access most public benefits. For instance, they are not eligible to get:

• Temporary Assistance for Needy Families (TANF)
• Supplemental Nutrition Assistance Program (SNAP)
• Supplemental Security Income (SSI)
• Medicaid

But they may use services necessary for health and safety. These services include:

• Emergency health care
• Emergency Medicaid
• Emergency shelter
• Child health care
• Access to health care and nutrition programs

Education Restrictions

Students without proper documentation in South Carolina cannot get the following benefits:

• College in-state tuition rates
• Student aid or scholarships

The same rules apply to Deferred Action for Childhood Arrivals (DACA) recipients.

Immigrants living in South Carolina legally can get these education benefits if they provide a permanent resident card or visa documents.

Voting ID Rules

South Carolina requires voters to show valid and current photo ID to vote. Some of the accepted identification documents are:

• Voter registration card with picture
• Driver’s license
• Department of Motor Vehicles ID card
• U.S. passport
• Federal military ID

Housing Ordinances and Immigration

There are no state-specific housing ordinances for immigrants in South Carolina.

But under the federal Fair Housing Act, discrimination in housing is illegal. People, regardless of their immigration status, have a right to equal access to housing. This rule applies whether they rent, buy, take out a mortgage, or seek housing aid.

Immigration Issue in South Carolina? A Lawyer Can Help

Dealing with immigration on your own can be difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

Immigration attorneys offer several types of legal services for immigration issues, including:

• Processing U.S. visas and work permits
• Pursuing U.S. citizenship or naturalization
• Applying for lawful permanent residency or a green card
• Applying for Temporary Protected Status (TPS)
• Petitioning family members to the U.S.
• Providing legal representation in immigration court
• Advocating for a loved one who has been detained
• Other matters related to immigration law

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in South Carolina. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in South Carolina: Related Resources

South Carolina has various charities, organizations, and nonprofits that provide aid to immigrants. These legal resources also help victims of human trafficking or domestic violence. Some of these resources are:

• Know Your Rights — Use this guide to protect yourself and your family during immigration raids.
• Catholic Charities Immigration Services — This faith-based organization helps with various immigration-related issues. It also helps victims of domestic violence and human trafficking, specifically with VAWA petitions for U visas or T visas.
• Immigrant Connection at El Camino — Learn how to navigate the immigration system and find lower-cost services. This organization is in Greenville.
• Immigrant Worker Compliance — Find resources and guidelines about the employment of immigrants in South Carolina (S.C. Department of Labor, Licensing, and Regulation).
• Immigration to South Carolina — Find resources for immigrants to South Carolina (U.S. Immigration Support).