Bill
H 5740
The bill requires state agencies to refer applicants deemed not lawfully present to ICE, linking public benefit eligibility to stricter immigration enforcement.
House Bill 5740 (2025-2026, South Carolina) seeks to tighten enforcement related to public benefits by modifying the verification process for applicants and enhancing information sharing with federal immigration authorities. The bill aims to require state agencies and political subdivisions to refer certain applicants’ information to U.S. Immigration and Customs Enforcement (ICE) under specified circumstances.
Verification framework (existing structure): The bill preserves the current requirement that applicants who execute an affidavit claiming lawful presence must go through the federal SAVE (Systematic Alien Verification of Entitlement) program or a DHS-designated successor for eligibility verification.
Presumption of lawful presence: While the DHS verification is pending, an applicant who signs an affidavit asserting lawful presence remains presumptively eligible under the article, functioning as a temporary stand-in until verification is complete.
Referral to ICE: If an applicant is determined not to be an alien lawfully present in the United States, the state agency or political subdivision must refer the applicant’s information (including details about unsatisfactory immigration status) to ICE. This creates a formal information-sharing obligation when the applicant is found not to be lawfully present.
Effective date: The act becomes effective upon approval by the Governor.
Public benefit applicants: Individuals applying for benefits who submit affidavits claiming lawful presence will continue to be processed through SAVE or its successor, with a presumption of lawful presence pending verification.
State agencies and political subdivisions: These entities would have an added duty to refer information about applicants deemed not lawfully present to ICE, potentially triggering federal immigration enforcement actions.
U.S. Immigration and Customs Enforcement (ICE): ICE would receive referrals of applicants who are determined to be unlawfully present in the U.S., potentially influencing enforcement actions.
Processing timeline: Verification through SAVE or its successor remains the mechanism for determining eligibility; temporary presumptions of lawful presence apply during verification.
Referral timeline: The bill specifies a referral mechanism in cases where an applicant is found not to be lawfully present, but it does not specify a separate timeline for referrals beyond the determination itself.
Legislative status: Introduced and read for the first time on 2026-06-25; referred to the Committee on Judiciary. Co-sponsor: Alan Morgan.
Administrative impact: Increased coordination between state/local entities and ICE could affect applicant experiences, eligibility outcomes, and the handling of personal information.
Policy implications: The bill aligns state public benefit policy with stricter immigration enforcement by prioritizing ICE referrals for applicants lacking lawful presence.
Legal and ethical considerations: The change raises questions about privacy, due process, and how “unsatisfactory immigration status” information is defined, stored, and shared across agencies.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
