SC agency with the highway patrol looks to join ICE enforcement program
The state agency that includes the South Carolina Highway Patrol is in the process of joining a federal program that would give it the power to carry out some immigration enforcement duties.
The Department of Public Safety is awaiting approval from Immigration and Customs Enforcement to join the 287(g) program, which allows state and local agencies to carry out some immigration and enforcement duties.
The Department of Public Safety requested to participate and the agency agreement is pending.
The agency plans to have about 30 officers trained in the program, Public Safety spokesman Kyle McGahee told The State in an email. At least three members of the State Transport Police will participate. It is unclear how many highway patrol members will participate.
Currently when troopers or transport police officers encounters someone wanted by immigration officials, the state agency contacts ICE to provide direction on how to proceed.
“This can often be a time-consuming process that ultimately results in no intervention from ICE,” McGahee said.
After Department of Public Safety officials are trained, they will be able to handle some of those decisions internally.
“The newly trained troopers/officers will learn the evaluation process used by ICE and gain access to certain databases that will allow this guidance to be provided to fellow troopers/officers without the need for ICE intervention,” McGahee said.
Department of Public Safety personnel are expected to use the task force model, which allows designated local law enforcement with limited immigration authority, including detaining and questioning people suspected of being in the country illegally, during routine police enforcement.
The Department of Public Safety also keeps its ability to engage ICE on more complex issues.
“As individuals, who are living in or entering the US without legal permission, are encountered through daily duties such as traffic stops, driver/vehicle checkpoints and collision investigations, these troopers and officers will possess the ability to liaison directly with ICE to determine the appropriate next steps,” McGahee wrote. “Our troopers and officers will carry out these special duties professionally, responsibly, and in accordance with the law.”
Gov. Henry McMaster has encouraged state law enforcement to work closely with ICE, but gave no directive for Public Safety to join the 287(g) program. McMaster is supportive of the move.
About 250 South Carolina National Guard members are assisting ICE at the southern border, and 54 South Carolina National Guard members are assisting with ICE administrative and support duties in the state.
In December 2024, McMaster also led a statement with other Republican governors saying they were committed to assist the Trump administration is removing people in the country wanted for deportation.
ICE program gains in participants across SC
When the year started, only three agencies in South Carolina were 287(g) participants.
As of Tuesday, 25 law enforcement agencies, including 20 sheriff’s departments and four municipal police departments, had signed agreements to participate in the 287(g) program. The South Carolina Law Enforcement Division this year signed its agreement to work in the program as state law requires its participation.
Two counties, Marlboro and Union, in the program have Democratic sheriffs. Trump lost Marlboro County by 2 points in the November. Trump won Union County by a two-to-one margin in November. All the other sheriffs to sign on to the program are Republicans.
The American Civil Liberties Union of South Carolina has concerns about the program and the growth in participation in South Carolina this year. The ACLU also worries about the Highway Patrol engaging in racial profiling when it participates in this program and said 287(g) agreements don’t necessarily make communities safer.
“They divert local resources, or in this case, state resources, both in terms of public funding and in terms of the employee hours spent on priorities,” said Paul Bowers, communications director for the ACLU of South Carolina. “It’s a real opportunity cost when you send officers meant to enforce local policing issues, or in this case highway safety issues, and divert their time to policing federal immigration issues.”
The governor dismissed those concerns Tuesday when speaking to reporters.
“Our Highway Patrol are highly trained. They are great representatives for our state. If you see how highly trained they are, how skilled they are, how determined they are to do the right job, there’s no question that they will do well in any way that they’re utilized,” McMaster said.
He added it’s appropriate for state law enforcement to take on this task, which is traditionally the purview of federal officials.
“They’re in law enforcement and their job (is) to take an oath to keep the people safe,” McMaster said. “That’s what they do. If appropriate authority is there for them to expand their duties into another area in which they are trained and skilled and able to work, then they will do it.”
This story was originally published August 27, 2025 at 6:00 AM.
