Key Takeaways
• 230+ South Carolina lawyers and judges oppose deportations without court review threatening due process.
• Federal ‘Project Homecoming’ launched May 19, 2025, offering voluntary deportation with $1,000 stipend and free flights.
• South Carolina bills H. 3936 and H. 4282 propose rewards for reporting immigrants and felony deportations.
On April 24, 2025, the South Carolina Legal Community took a bold and public stand against recent federal deportation tactics. In an open letter signed by more than 230 lawyers and former judges—including retired South Carolina Supreme Court Justice John H. Waller, Jr.—these legal professionals voiced deep concern about the direction of immigration enforcement in the United States 🇺🇸. Their message was clear: the removal of individuals to foreign prisons without court review threatens the very foundation of the American legal system and could one day impact U.S. citizens as well.
This open letter comes at a time of rapid change in both federal and state immigration policies. New programs and laws are reshaping how undocumented immigrants are treated, raising questions about due process, family unity, and the role of the courts. The South Carolina Legal Community’s response highlights the growing tension between enforcement and constitutional rights, and it signals a wider debate about the future of immigration law in the United States 🇺🇸.
What Prompted the Open Letter?
The open letter from the South Carolina Legal Community was sparked by recent federal deportation tactics that, according to the signers, bypass the courts and undermine the rule of law. Specifically, the letter criticizes the practice of removing people to foreign prisons without giving them a chance to challenge their deportation in court. The signers argue that this not only violates basic legal protections but also sets a dangerous precedent that could eventually be used against U.S. citizens.
The letter’s main goals are to:
- Remind lawyers of their constitutional oaths to uphold the law and protect individual rights.
- Educate the public about what the signers see as an ongoing threat to the rule of law.
- Warn about the slippery slope of allowing government actions that bypass judicial review.
More than 55 of the signers are from the Lowcountry region, showing that concern about these issues is widespread across the state.
Federal Deportation Tactics: What’s New?
The federal government, under President Biden, has introduced several new measures aimed at undocumented immigrants. The most notable is the voluntary self-deportation program called “Project Homecoming,” which launched its first flight on May 19, 2025. Here’s how the program works:
- Undocumented immigrants can use the CBP Home app to request voluntary departure.
- Approved participants receive a $1,000 stipend and free travel back to their home country.
- Departure is arranged via charter flight.
- Participants avoid fines, arrest, deportation, and a permanent reentry ban—but may still face a ten-year reentry bar if they have lived in the United States 🇺🇸 for more than a year.
The first flight deported 64 immigrants, and the program is expected to expand to cover up to 700,000 Ukrainian and Haitian migrants. The federal government has set aside $250 million for this effort.
At the same time, the administration has started imposing large fines on undocumented immigrants under the 1952 Immigration and Nationality Act. About 4,500 migrants have received fines so far, with amounts ranging from several thousand dollars to as much as $1.8 million. Those who receive fines have 30 days to contest or pay before the government can seize their property.
Homeland Security Secretary Kristi Noem has described the voluntary departure program as a way for migrants to “potentially return” legally in the future while avoiding harsher penalties.
State-Level Action: South Carolina’s Legislative Push
While federal enforcement is ramping up, South Carolina lawmakers are also considering new laws that would make the state’s approach to undocumented immigrants even stricter. Two bills are currently under review:
H. 3936: Reward Fund for Reporting Undocumented Immigrants
- Introduced on February 6, 2025
- Would create a $500 reward fund for residents who provide information leading to the arrest and deportation of undocumented immigrants.
- Aims to encourage public participation in immigration enforcement.
H. 4282: Felony Charges and Deportation
- Introduced on April 2, 2025
- Would make it a felony for anyone arrested for a state crime and found to be unlawfully present in the United States 🇺🇸.
- Penalties include deportation instead of imprisonment.
- Requires the collection of biometric data (like fingerprints and photos).
- Mandates that federal authorities be notified within seven days of custody transfer.
Both bills are still in the House Judiciary Committee as of late May 2025. If passed, they would significantly expand the state’s role in immigration enforcement.
Why Is the Legal Community Speaking Out?
The South Carolina Legal Community’s open letter argues that these new tactics—both federal and state—pose serious risks to basic legal protections. The main concern is that people are being removed from the country without a chance to have their case heard in court. This, the signers say, undermines the principle of due process, which is the right to fair treatment through the normal judicial system.
The letter also warns that once the government is allowed to bypass the courts for one group, it could eventually do the same to others, including U.S. citizens. This is why the legal community sees the issue as a threat to everyone, not just immigrants.
Retired judges and legal leaders, such as Justice John H. Waller, Jr., and retired circuit judges Gary E. Clary, Brooks P. Goldsmith, Reginald Lloyd, and Charles W. Whetstone, Jr., have lent their names to the letter, giving it significant weight within the legal world.
Impact on Immigrant Families and Communities
The new federal and state policies have real consequences for immigrant families:
- Family Separation: Increased enforcement and deportations can split families, especially when parents are removed but children remain in the United States 🇺🇸.
- Property Seizure: Large fines and the threat of property seizure can devastate families financially.
- Long-Term Bans: Even those who leave voluntarily may face a ten-year ban on returning to the United States 🇺🇸 if they have lived here for more than a year without legal status.
- Fear in Schools: With the removal of protections for sensitive locations like schools, families worry about increased immigration enforcement where children learn and play.
Advocacy groups like the ACLU of South Carolina are responding by offering “Know Your Rights” trainings and urging school districts to limit ICE access to school property.
How Do These Policies Work in Practice?
Federal Voluntary Departure (“Project Homecoming”)
- Application: Undocumented immigrants use the CBP Home app to request voluntary departure.
- Approval: If approved, they receive a $1,000 stipend and free travel.
- Departure: Travel is arranged via charter flight.
- After Departure: Participants avoid fines, arrest, deportation, and a permanent reentry ban, but may still face a ten-year reentry bar if they have lived in the United States 🇺🇸 for more than a year.
South Carolina H. 4282 (If Passed)
- Arrest: Individual is arrested for a state crime.
- Status Check: Authorities determine if the person is unlawfully present in the United States 🇺🇸.
- Felony Charge: If so, felony charges are filed, with deportation as an alternative to prison.
- Data Collection: Biometric data is collected.
- Federal Notification: Federal authorities are notified within seven days.
For more information on voluntary departure and related immigration enforcement, readers can visit the U.S. Department of Homeland Security’s official website.
Multiple Perspectives: Who Supports and Who Opposes?
The Legal Community
- Strongly opposed to tactics that bypass judicial review.
- Argues that these actions threaten the independence of the courts and the rights of everyone, not just immigrants.
Federal Government
- Supports new programs as cost-effective and as providing a legal path for migrants to return in the future.
- Emphasizes that voluntary departure helps avoid harsher penalties.
Advocacy Groups
- Focus on protecting due process and family unity.
- Warn that increased enforcement leads to fear and instability in immigrant communities.
- The ACLU and others are offering legal education and preparing to challenge these policies in court.
State Lawmakers
- Some are pushing for stricter enforcement and want to involve the public in immigration enforcement through reward programs and expanded felony charges.
Historical Context: How Did We Get Here?
South Carolina has a long history of strict immigration enforcement. The 2010 Illegal Immigration Reform Act, for example, requires all employers to use E-Verify to check the legal status of new hires and imposes penalties for hiring unauthorized workers.
At the federal level, the Trump administration in January 2025 removed policies that had limited ICE enforcement in sensitive locations like schools and hospitals. This change has increased the risk of enforcement actions in places that were previously considered off-limits.
Nationally, there is a push for even tougher enforcement. The Project 2025 policy blueprint calls for nationwide expedited removal, expanded detention, and mass deportations. Many legal and advocacy groups worry that these changes will erode due process and have serious humanitarian impacts.
What’s Next? Future Outlook
Both H. 3936 and H. 4282 are still being considered by the South Carolina House Judiciary Committee. If passed, they could make South Carolina one of the strictest states in the country when it comes to immigration enforcement.
At the federal level, the voluntary departure program is expected to expand, with more flights and broader eligibility. Fines and property seizures may also increase as enforcement efforts grow.
Legal challenges are likely. Civil rights groups are preparing to fight both state and federal policies in court, arguing that they violate constitutional rights and basic principles of fairness.
Practical Guidance for Immigrants and Families
- Know Your Rights: Immigrants should learn about their legal rights, especially when dealing with law enforcement or immigration officials. The ACLU of South Carolina offers free trainings and resources.
- Check Bill Status: For updates on South Carolina’s proposed laws, visit the South Carolina General Assembly’s official website.
- Voluntary Departure: Those considering voluntary departure should understand the possible consequences, including long-term bans on reentry. More information is available from the U.S. Department of Homeland Security.
- Legal Help: Seek advice from qualified immigration lawyers, especially if facing fines, deportation, or property seizure.
The Bigger Picture: Why This Matters
The South Carolina Legal Community’s open letter is more than just a protest against specific policies. It’s a warning about the direction of immigration law and the potential loss of basic legal protections for everyone. As reported by VisaVerge.com, legal experts believe that bypassing the courts in immigration cases could set a precedent that threatens the rights of all Americans.
The debate over immigration enforcement is not just about laws and policies—it’s about families, communities, and the values that define the United States 🇺🇸. As new programs and laws are introduced, it’s important for everyone—immigrants, citizens, lawyers, and lawmakers—to stay informed and engaged.
Takeaways and Next Steps
- Stay Informed: Follow updates from official sources and advocacy groups.
- Get Involved: Attend community meetings, know your rights, and support organizations working to protect due process.
- Contact Lawmakers: Share your views with state and federal representatives.
- Seek Legal Advice: If you or someone you know is affected by these policies, consult a qualified immigration attorney.
The situation is changing quickly, and the outcome will affect not only immigrants but the entire legal system. The South Carolina Legal Community’s open letter is a call to action for everyone who cares about justice, fairness, and the rule of law.
Learn Today
Due Process → Legal principle ensuring fair treatment and court review before deprivation of life, liberty, or property.
Voluntary Departure → Program allowing undocumented immigrants to leave the US legally with benefits instead of forced removal.
Biometric Data → Physical identification information such as fingerprints and photos collected for law enforcement and immigration purposes.
Self-Deportation → Voluntary return to home country by immigrants to avoid harsher penalties or deportation.
Felony Charges → Serious criminal accusations that, in this context, may lead to deportation instead of imprisonment.
This Article in a Nutshell
The South Carolina legal community opposes federal deportation tactics bypassing courts. New laws and programs, like Project Homecoming, impact immigrants’ rights and families. Legal experts warn against due process erosion. State bills seek stricter enforcement. Communities must stay informed and advocate to protect justice and constitutional rights amid rapid immigration policy changes.
— By VisaVerge.com
