What’s at risk when South Carolina counties partner with federal immigration officials | Opinion
South Carolina Attorney General Alan Wilson is overstepping his legitimate role by asking sheriffs throughout the state to adopt 287(g) agreements, which allow local police to perform certain immigration duties and create a stronger collaboration with U.S. Immigration and Customs Enforcement (ICE).
How and whether to work with ICE has always been a local decision, and the choice for Wilson to insert himself in this discussion is inappropriate.
It is an abuse of his position of power. However, beyond the overreach, an agreement under 287(g) of the Immigration and Nationality Act, is deeply damaging when communities enact it.
There are numerous problems with this policy that was first created in 1996, but which only three of 46 South Carolina counties (Horry, Lexington, and York Counties) have adopted.
For one, the policy creates mistrust between immigrant communities and the police. This is why many sheriffs, including the previous sheriff of Charleston County, Kristen Graziano, removed the program in 2020.
Migrant communities will not want to contact the police if there are real issues or crimes that are committed because of the fear of their dual role in checking immigration status.
These agreements also put communities at greater risk. We know that police resources are often limited, and there has been a shortage of officers throughout the nation. To squander time and resources in having officers serve in a pseudo-immigration role, when this is the job of the federal government, prevents them from keeping our communities safe.
These policies also end up costing local communities financially. The federal government reimburses local jurisdictions only half the costs they incur to implement this program. In Charleston County, this was costing taxpayers an additional $4 million a year. Why should we be paying more local money to have our officers fulfill immigration official roles?
The narrative that you will hear from Wilson and proponents of the 287(g) program is that this helps us stop dangerous criminals. However, if they are really hardened criminals and they have committed a serious crime, they are not being released anyway, regardless of their immigration status.
Also, there are procedures in place that allow ICE to put a retainer on individuals for 48 hours if they are detained. The implementation of the 287(g) program will not do anything to reduce crime or stop violent criminals. What it will do is cause many families to be torn apart.
The people who commit the crime of driving without a license because they are unable to obtain one could be detained. Minor infractions will lead to deportations.
This will not just affect undocumented migrants. It will affect immigrants with legal status as U.S. citizens. This policy could also lead to racial profiling, as certain individuals are more likely to be profiled as being undocumented immigrants. This is what happened in Arizona’s Maricopa County under former sheriff Joe Arpaio, who faced federal charges for his discrimination of Americans of Latin American descent before President Donald Trump pardoned him.
From my perspective, local jurisdictions’ adoption of 287(g) programs was always bad policy for immigrants, local safety and local budgets. However, in the hands of someone as authoritarian as Donald Trump, these types of policies could become even more draconian.
It is time for Alan Wilson to stop trying to interfere in our local politics and instead actually focus on what is important — keeping South Carolina safe, not demonizing immigrants. I hope local jurisdictions do what is best for their local communities, which is rejecting this move from the attorney general.
This story was originally published March 12, 2025 at 5:30 AM with the headline "What’s at risk when South Carolina counties partner with federal immigration officials | Opinion."