Sanctuary City Ban (S. 735)

Sanctuary cities and jurisdictions are communities that prioritize the safety of all residents by limiting cooperation with federal immigration authorities. This bill would seek to ban any local governments from enacting sanctuary policies.

South Carolina has no known sanctuary jurisdictions. In the event that any community in South Carolina enacts sanctuary policies, S. 735 would force the government of any sanctuary jurisdiction to surrender all state funding. Sanctuary governments would be subject to lawsuits for any act committed by an undocumented person within their jurisdiction.

The bill would also prohibit any undocumented immigrant who is detained by a local or state law enforcement agency from being released into the community until they are transferred into the custody of U.S. Immigrant and Customs Enforcement (ICE).

We oppose this bill because: Immigrants are entitled to fundamental constitutional protections such as due process. This bill would increase racial profiling among immigrants in South Carolina and deny them equal protection under the law while being detained by law enforcement agencies. This is unconstitutional because every person within the U.S. borders is protected by the Constitution.

This bill echoes President Trump’s unconstitutional executive orders from 2025 targeting sanctuary jurisdictions for refusing to take part in mass deportations. Naureen Shah, director of government affairs for the ACLU’s Equality Division, had this to say in response to that action:

“States and cities have the right to decide how best to use local resources, and they overwhelmingly agree that taxpayer dollars are better spent investing in programs that improve public safety and support our communities — not policies that tear them apart by deporting our immigrant neighbors and loved ones.”

Further cooperation with ICE in South Carolina will lead to more harassment toward immigrants in this state, more violence toward Black and Brown people, and an increase in unconstitutional practices among law enforcement.