State lawmakers advance bill requiring local jails to partner with ICE

COLUMBIA, S.C. (WACH) -- A proposal that would require South Carolina jails and detention facilities to partner with federal immigration authorities is moving forward after hours of debate at the State House.

The bill would require any South Carolina law enforcement agency that operates a correctional facility to sign a formal agreement with a federal immigration agency such as Immigration and Customs Enforcement or Customs and Border Protection.

Rep. Travis Moore, one of the bill's sponsors, said the legal framework for this cooperation has existed for years but has not been enforced consistently across the state.

The proposal is built around the 287(g) program, which gives local law enforcement limited authority to carry out immigration duties under supervision from ICE. Supporters said 42 South Carolina agencies are already in 287(g) agreements.

Opponents questioned why agencies that chose to stay out should now be pressured to participate. Supporters said the bill does not force agencies to participate, but would make it mandatory to attempt to reach an agreement. They also said the bill would not send local officers into communities with ICE agents, and that the primary models focus on people already inside detention facilities.

Still, some lawmakers and opponents argued that requiring agencies to seek agreements could erode public trust in law enforcement and may not make communities safer.

"The immigration system is broken but where it's really broken is how people can come here and come here lawfully and permanently. Unfortunately, Congress is unwilling to look at that and fix that. I don't think the state should be reacting in a way that is going to ultimately hurt the people who are living here," said Sue Berkowitz, founder and director of policy at the Appleseed Legal Justice Center.

If the bill is passed, law enforcement agencies would be required to begin seeking the federal agreements as soon as the law goes into effect and show at least once a year that they attempted to make an agreement. Agencies that do not could risk losing access to grants.