Beyond the immediate prohibitions, S1065 empowers the Governor of South Carolina to designate foreign adversaries and organizations through executive order. This measure allows for a relevant and responsive approach to deal with perceived threats. In addition, the bill mandates law enforcement agencies, including the Attorney General's office and local law enforcement, to locate and remove individuals prohibited from property ownership, which raises questions about the implications for civil liberties and the scope of governmental power over property rights.
Summary
Bill S1065 proposes significant amendments to the South Carolina Code of Laws with an emphasis on prohibiting ownership or control of property by non-citizens affiliated with foreign adversaries, foreign terrorists, or transnational criminal organizations. The bill seeks to enhance state security by restricting these groups from acquiring both tangible and intangible property within South Carolina. It defines key terms such as 'alien', 'foreign adversary', and 'transnational criminal organization', providing a framework for law enforcement to identify and act against potential risks to the state's security posed by these entities.
Contention
Notably, the bill includes a provision that courts within the state shall not consider Sharia law in judicial decisions, reinforcing a specific legal framework at odds with broader interpretations of international law. This has sparked debates around legal pluralism and the implications for citizens who may have legal obligations under foreign jurisdictions. Furthermore, critics argue that the bill may inadvertently discriminate against certain groups based on nationality, raising concerns of fairness and inclusivity in property ownership laws.
Enacting the foreign adversaries out of higher education act to prohibit postsecondary educational institutions from accepting gifts, grants and other moneys from foreign adversaries and their affiliates, prohibiting certain foreign adversary affiliates from operating on campuses and providing training and education on such foreign adversaries and their affiliates.