Can ICE agents enter your home in SC? Here’s what an immigration lawyer says

Word around town is that ICE is setting up a legal office in downtown Columbia, signing a 10-year, $4.3 million lease for an open office on Main Street.

That doesn’t mean there will be an influx of immigration officers coming to Columbia, but it signifies that ICE could possibly step up its presence in South Carolina.

Some city officials expressed concerns about the announcement, especially since there was no warning from the federal organization.

“Generally, with our local law enforcement agencies and federal partners, there’s some collaboration or even a common courtesy, and that wasn’t done here,” City Councilman Tyler Bailey told The State.

Immigration enforcement operations have steadily increased in SC, as more than 3,000 arrests were carried out in 2025. There were less than 1,300 arrests in 2024.

Dozens of police departments in SC have also agreed to collaborate with ICE in 2025, bringing the total number of departments to 28, according to the ACLU of South Carolina.

“Obviously, South Carolina law enforcement is more likely to cooperate with ICE than other states,” said Wolfgang Buchmaier, an immigration attorney based in Columbia.

There’s been a lot of buzz about what ICE agents are actually legally allowed to do, some being not so true. To get facts from a reliable source, The State spoke with Buchmaier, who has practiced law since 1997.

Can ICE enter your SC house without a warrant?

Immigration officers are allowed to enter a house if someone inside grants permission, like any other federal officer. They are not allowed, however, to barge their way into homes without approval, unless they have a warrant written by a judge.

That is made possible by the Fourth Amendment, which protects individuals from unreasonable search and seizures by the government.

Though some ICE agents have been told by the top brass to ignore this.

A memo from ICE, obtained by the Associated Press, shows that the agency is telling agents to assert power to forcibly enter people’s homes without a judge’s warrant. Instead, some are told to solely rely on administrative warrants, which do not grant the same power.

“They claim that they can enter and break into (homes), but that’s obviously not true,” Buchmaier said. “They have very limited rights. But, right now, they do whatever they want, and there is obviously no real enforcement to stop them.”

Regardless if ICE plays by the rules, it’s important to know your rights in your own home.

What should you do?

You should remain calm and ask to see their warrant from your window. Remember to look for the judge’s signature at the very bottom.

Until they show a warrant with a judge’s signature, it’s generally recommended to let everyone in the house know, including children, not to open the door, Buchmaier said.

If they decide to come in without your consent, you should not attempt to resist arrest. Instead, stay silent and request a lawyer.

Your rights as a citizen

• The right to remain silent when questioned or arrested
• The right to speak to lawyer
• The right to refuse consent to a search of your home
• The right to refuse to sign documents
• The right to document the encounter with your phone (don’t get in the way of their operation)
• The right to not open your door. You can ask to see an agent’s warrant from your window

If you’re an immigrant and need additional resources, go to the National Immigrant Justice Center’s website or the ACLU’s website.