Know your rights: What SC state and national law says about complying with ICE
Amid mass deportations and United States Immigration and Customs Enforcement (ICE) raids under President Donald Trump’s crackdown on migration, anxieties are running high in communities across the nation.
In Myrtle Beach, dozens of protesters gathered this week to protest Trump’s immigration policies and voice support for impacted communities.
While it’s unclear if ICE has conducted any raids around the Grand Strand since Trump took office in January, it’s critical for immigrants and community members to understand what national and state law says about immigration enforcement.
Regardless of citizenship or legal status, all people in the U.S. are entitled to certain rights and protections. Here’s what you should know if you, a family member, neighbor, coworker or friend may encounter ICE.
Expedited removal
One of Trump’s Jan. 20 executive orders expands expedited removals, which fast-track deportations to let the government deport non-citizens without counsel, a hearing or the right to appeal.
Under the new policy, those who can’t prove they’ve been in the country for two continuous years can be deported without the right to a hearing in front of an immigration judge.
The ACLU is suing the Trump administration on behalf of non-profit organization Make the Road New York, arguing the expedited removal expansion illegally “[gives] Trump a cheat code to circumvent due process.”
Know your rights
You have the right to remain silent: No matter your immigration status, you don’t have to speak with immigration officials.
The Immigrant Legal Resource Center (ILRC) advises against signing anything or answering questions–especially regarding your place of birth, immigration status and how you entered the United States–without a lawyer present.
Similarly, the ILRC recommends immigrants’ family members, housemates, neighbors and co-workers to remain silent. Even if an officer or agent has a warrant, they cannot compel you to speak.
You have the right to deny a search: Unless they have probable cause, immigration agents need your consent to search you or your belongings like your car.
You have the right to demand a warrant: Authorities cannot enter your home without a warrant with your name and address that has been signed by a judge, unless you’re on probation with a search condition.
While opening your door doesn’t give authorities permission to enter your home, the American Civil Liberties Union (ACLU) says it’s safer to speak with ICE through the door. The ILRC recommends asking agents to hold the warrant up to a window or slide it under the door.
You have the right to humane treatment: Under the U.S. Constitution, every person is entitled to protection from discrimination, regardless of immigration status.
You have the right to legal representation, except in cases of expedited removal: Immigrants with legal counsel are more likely to succeed in their cases, according to the American Immigration Council (AIC).
If you’re arrested by police, you have the right to a government-appointed lawyer at no cost, and the ACLU recommends asking for one immediately.
If you’re detained by Border Patrol or ICE, you have the right to a lawyer, but the government won’t provide one. Some free or low-cost legal services recommended by the AIC include:
The Legal Orientation Program, which provides legal education and referrals for free or low-cost legal representation to immigrants in detention.
The National Qualified Representative Program, which provides counsel to detained immigrants with serious mental disorders.
The Office of Refugee Resettlement, which provides some legal services to certain eligible populations.
You have the right to a hearing, except in cases of expedited removal: Traditionally, immigrants are entitled to a hearing to challenge a deportation order, unless they waive that right. However, Trump’s expansion of expedited removal allows the deportation of certain immigrants without an immigration hearing.
You have the right to apply for immigration benefits: Detained immigrants can apply for asylum or Temporary Protected Status.
If ICE comes to your home
Request the agent or officer’s badge or identification number: South Carolina is one of three states where civilians have impersonated ICE agents to harass people they suspected were immigrants.
ICE agents sometimes also pose as local law enforcement by phone or in-person to enter homes without a warrant, gather information or arrest people outside of their homes, according to the Immigration Defense Project (IDP). To do this, ICE agents use ruses like claiming they found a lost ID or saying they’re investigating a crime, the IDP says.
To identify and verify which authorities you’re dealing with, ask the authorities to show you their identification through a window or peephole.
Don’t sign anything without a lawyer: Both the ACLU and the ILRC advise against signing anything without a lawyer present to ensure you don’t accidentally sign a “Stipulated Removal Order” or take “voluntary departure,” which would waive your chance to challenge a deportation order in a hearing.
Request a warrant: If they have a warrant signed by a judge, have them show it through a window or slide it under the door. If they don’t have a warrant, the ACLU recommends keeping the door closed and saying, “I do not consent to your entry.”
Be honest: While you don’t have to speak with authorities, the ACLU advises against lying or producing false documents.
If you’re a bystander
Maintain a safe distance: If you’re not interfering with or obstructing law enforcement, you’re entitled to observing events in public spaces.
Document raids and arrests: If you can do so safely, the ILRC encourages bystanders to take videos and pictures of raids and arrests. Information like badge and patrol car numbers, names, the agency responsible, the number of officers present, use of weapons and injuries are all details that could be relevant if a detainee’s rights are violated.
Law enforcement can’t confiscate or demand to see your pictures or videos without a warrant: You have a First Amendment right to take photographs and videos, and officers can’t delete your pictures or videos under any circumstances. If law enforcement personnel tries to make you stop recording, politely tell them you do not consent.
Don’t hide the fact that you’re recording: While law enforcement doesn’t have a reasonable expectation of privacy, the people they interact with may have privacy rights that would require you to notify them of the recording.
Gather information from other witnesses: The ILRC recommends obtaining the names and contact information of other bystanders.
If your rights are violated
If your rights have been violated by law enforcement, write down everything you remember, including officers’ names, badge and patrol car numbers, the responsible agency and any other details you recall. It could also be helpful to reach out to witnesses.
If you’ve been injured, seek immediate medical attention and take pictures of your injuries for documentation.
File a written complaint with the agency’s internal affairs division or civilian complaint board. According to the ACLU, in most cases you can file a complaint anonymously.
Local law enforcement
Horry County is one of three South Carolina counties working with ICE to screen and report people who may be in the country illegally.
Section 287(g) of The Immigration and Nationality Act (INA) explains that local law enforcement officers have the authority to perform some of the functions of immigration agents. The Horry County Sheriff’s Office, Lexington County Sheriff’s Office and York County Sheriff’s Office all help identify immigrants with criminal charges.
In Horry County, that means that staff at the J. Reuben Long Detention Center screen foreign-born inmates and, if the person entered the country illegally they are transferred into ICE custody.
It’s unclear how many inmates have been turned over to ICE, and a spokesperson for the sheriff’s department told The Sun News she wasn’t authorized to release those numbers.
Immigration and employment in South Carolina
The South Carolina Illegal Immigration and Reform Act (SCIIRA) requires all public and private employers in the state to enroll with the Department of Homeland Security’s E-Verify system.
That system checks the employment authorization of workers, compares the employee’s information with the database and examines their eligibility to work in the United States. If an employer fails to enroll with the E-Verify system could face sanctions, probation or the loss of their business license.
The South Carolina Department of Labor, Licensing and Regulation (LLR) investigates employment complaints and conducts random audits to ensure employers comply with verification laws.
If the LLR suspects a private employer is employing an unauthorized immigrant, the agency notifies ICE and state and local law enforcement agencies.
Make a plan
With the possibility of unexpected detainment, an active Latino Community Development board member stressed the importance of organizing a family plan for things like medical information and emergency contacts.
She recommended:
- Giving copies of immigration documents to a trusted person
- Writing down insurance information, doctor’s appointments and medication schedules and dosages.
For parents, the ILRC advises
- Making sure children’s emergency contacts and adults authorized to pick children up from school are up-to-date
- Creating an emergency contact list
- Completing a caregiver’s authorization affidavit so another adult can care for children
- Registering the births of children born in the U.S. with the parent’s country of origin’s consulate or government
Stay informed and connected
While the fast-paced news cycle may feel overwhelming, staying up-to-date on immigration laws and policies is vital for immigrants and their communities.
To stay informed, read and share factual information from reputable news outlets and organizations, avoid potential misinformation on social media and check in with your neighbors.
This story was originally published February 7, 2025 at 5:30 AM.