The "Noncitizen Terrorist Activity Prohibition in Public Institutions of Higher Learning Act" aims to establish strict policies within South Carolina's public higher education institutions regarding nonimmigrant visa holders. The bill mandates that these institutions prohibit students, faculty, and staff with nonimmigrant visas from publicly supporting or espousing terrorist activities or organizations, unless such support aligns with U.S. policy. Violations of this policy will result in penalties, including a one-year suspension for a first offense and permanent expulsion or termination for a second offense. Institutions are also required to update the Department of Homeland Security's records accordingly and are prohibited from allowing individuals who have been suspended or expelled from other institutions to enroll or gain employment.

The bill outlines enforcement mechanisms for both individuals and institutions. Institutions must investigate credible allegations of policy violations and apply a preponderance-of-the-evidence standard for findings of guilt. Additionally, the Attorney General or designated officials can compel institutions to enforce these policies and may impose fines ranging from $10,000 to $100,000 for noncompliance. The act is set to take effect on July 1, 2026, and includes a severability clause to ensure that if any part of the act is deemed unconstitutional, the remaining provisions will still be valid.

Statutes affected:
12/05/2024: 59-101-230
Latest Version: 59-101-230
12/06/2024: 59-101-230