South Carolina Immigration Law Guide — Rights & Resources

South Carolina law requires state agencies and political subdivisions to verify the lawful presence of aliens eighteen or older who apply for state, local, or federal public benefits, subject to statutory exceptions. Local governments may not enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from seeking to enforce these verification requirements. §8-29-10

South Carolina ties driver's license eligibility to state residency, and the statute defines residents to include non-citizens with federal authorization to be in the United States; eligibility for specific immigration statuses (such as DACA) should be confirmed with a lawyer or the SCDMV. §56-1-40(7)

South Carolina prohibits in-state tuition for undocumented immigrants; whether this applies to DACA recipients should be confirmed with a lawyer. The SC Illegal Immigration Reform Act bars unlawfully present individuals from attending public institutions of higher education and receiving public benefits including in-state tuition. §59-101-430

Mandatory for all employers in South Carolina. Employers required by federal law to maintain employment eligibility verification forms must register and participate in E-Verify to verify each new hire's work authorization within three business days of employment. One of the stricter enforcement regimes in the Southeast. §41-8-20

The Immigration and Nationality Act §8 U.S.C. 1101 governs admission, removal, Naturalization, and work authorization. The Fair Debt Collection Practices Act §15 U.S.C. 1692 protects all consumers regardless of immigration status. Under the Fourth and Fourteenth Amendments, all persons in the United States — including noncitizens — have constitutional protections.