SC H4282

Creates a new felony offense for any person arrested for violating a state criminal law who is subsequently determined to be unlawfully present in the United States, punishable by a minimum of 5 years imprisonment

Allows courts to dismiss prosecution and order deportation instead of imprisonment if the person agrees, has no prior violent crime convictions, and is not facing other felony charges

Establishes a separate felony for aliens who re-enter or are found in South Carolina after being previously deported, excluded, or removed from the United States

Requires law enforcement to collect fingerprints, photographs, and biometric data from arrested individuals and cross-reference with federal criminal and national security databases; SLED authorized to maintain this information

Provides affirmative defenses for individuals granted lawful presence, asylum, or approved for DACA benefits between June 15, 2012 and July 16, 2021

Preempts all local governments from adopting any ordinances or policies that conflict with this article