South Carolina does not have its own EOIR immigration court. Non-detained South Carolina cases route to the Charlotte Immigration Court in North Carolina, which covers both the North Carolina and South Carolina DHS sub-offices. Most detained South Carolina respondents are transferred to Stewart Detention Center in Lumpkin, Georgia, where their cases proceed before the Stewart Immigration Court. A small number of detained South Carolina cases may go through other Atlanta district courts depending on which facility holds them.
In April 2026 the South Carolina House passed H.4764 requiring all law enforcement agencies with overnight lockup facilities to join ICE's 287(g) program, which would significantly expand the network of county jails that can hold ICE detainees and initiate cases in South Carolina. Verify the current status of that legislation before relying on the information here.
This page explains which courts handle South Carolina cases, how to find hearing information, and what the removal proceeding process looks like from start to finish.
Which Court Handles South Carolina Immigration Cases
Charlotte Immigration Court (South Carolina non-detained cases):
Carmel Commons Business Park
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212
The Charlotte court covers both the North Carolina and South Carolina DHS sub-offices under the Atlanta DHS District. Non-detained South Carolina respondents appear here.
Stewart Immigration Court (most South Carolina detained cases):
146 CCA Road
Lumpkin, Georgia 31815
Most detained South Carolina respondents are transferred to Stewart Detention Center in Lumpkin, Georgia, where their removal proceedings take place under the Stewart Immigration Court. Stewart is approximately 4 to 6 hours from most South Carolina locations.
Atlanta ERO - Bond Location:
180 Ted Turner Drive SW, 3rd Floor, Room 337
Atlanta, Georgia 30303
404-893-1224
Always use the EOIR Automated Case Information System at 800-898-7180 or the hearing notice to confirm which court controls a specific case.
How Immigration Court Differs From Criminal Court
Immigration court is a civil proceeding, not a criminal one. Removal proceedings take place before an immigration judge employed by the Department of Justice through the Executive Office for Immigration Review (EOIR). The government is represented by a DHS attorney from the Office of the Principal Legal Advisor (OPLA). The person in proceedings is called the respondent.
Being in removal proceedings is not a criminal charge and does not result in a criminal sentence. The outcome is either a grant of relief that allows the person to remain in the United States in some legal status, or a removal order directing them to leave. There is no jury. There is no public defender equivalent.
The respondent has the right to be represented by an attorney at their own expense. There is no right to a government-appointed attorney in immigration court except in narrow circumstances involving serious mental competency concerns. Not having a free attorney does not mean going without legal help. Legal aid organizations and nonprofits provide free or reduced-cost representation. Resources appear at the end of this page.
A word on notario fraud: in many countries, a notario publico is a licensed legal professional. In the United States, that title has no equivalent legal standing. Notarios, immigration consultants, and non-lawyers cannot represent people in immigration court and cannot legally provide immigration advice. Verify any representative's credentials before paying. Only a licensed attorney or a DOJ-accredited representative can appear in immigration court on someone's behalf.
The Removal Proceeding: Step by Step
Step one: The Notice to Appear
A removal proceeding begins when DHS issues a Notice to Appear (NTA). This is the charging document in immigration court. It identifies the grounds for removal and directs the person to appear before an immigration court. The NTA may or may not include a hearing date when served. If it does not, a separate hearing notice will arrive by mail.
Keeping the court and DHS informed of any address change is required by law. If a hearing notice goes to an old address and the respondent does not appear, the immigration judge can issue an in absentia order of removal. That order is very difficult to undo. Use Form EOIR-33 to update the court and separately notify DHS OPLA. Both must be done within five days of any move.
Step two: The Master Calendar Hearing
The first court appearance is a master calendar hearing. These are short administrative sessions where the immigration judge manages the case, confirms the respondent understands the charges and their rights, asks about legal representation, and sets the schedule. Multiple cases are heard in the same session.
At master calendar, the respondent enters a plea to the NTA charges, identifies forms of relief they intend to seek, and establishes a timeline for filing applications and evidence. If the respondent does not have an attorney at the first hearing, they can generally ask for additional time to find one.
Step three: The Individual Hearing
After master calendar, the case moves to an individual hearing, also called a merits hearing. This is the full evidentiary proceeding where the respondent presents their case for relief from removal. The judge hears testimony, receives evidence, and may question the respondent and witnesses. The DHS trial attorney presents the government's case. The judge then issues a decision.
Common forms of relief include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, and voluntary departure. Whether any form of relief is available depends on the specific facts and immigration history of each case.
Step four: Bond Hearings
If a respondent is detained, they may request a bond hearing before an immigration judge. A bond hearing is separate from the removal hearing. The judge determines whether the respondent should be released pending their case, and at what bond amount. For South Carolina detainees at Stewart, bond hearings go through the Stewart Immigration Court. Bond is posted at the Atlanta ERO: 180 Ted Turner Drive SW, 3rd Floor, Room 337, Atlanta, GA 30303 | 404-893-1224.
Not all detained respondents are eligible for a standard bond hearing. Those subject to mandatory detention under federal law may need to seek release through the federal courts via a habeas corpus petition.
Step five: The Decision and Appeal
After the individual hearing, the immigration judge issues a written decision. If removal is ordered, the respondent has the right to appeal to the Board of Immigration Appeals (BIA) within 30 calendar days. If the BIA affirms the removal order, the respondent may seek review in the federal circuit court. South Carolina falls within the Fourth Circuit Court of Appeals, which covers South Carolina, North Carolina, Maryland, Virginia, and West Virginia. A petition for review must be filed in the Fourth Circuit within 30 days of the BIA's order.
How to Find Hearing Information
EOIR Automated Case Information System: 800-898-7180 (English and Spanish; TDD: 800-828-1120). Available 24 hours a day. Online: acis.eoir.justice.gov
Charlotte Immigration Court (SC non-detained): 5701 Executive Center Drive, Suite 400, Charlotte, NC 28212
Stewart Immigration Court (SC detained): 146 CCA Road, Lumpkin, GA 31815
Atlanta ERO Bond: 180 Ted Turner Drive SW, 3rd Floor, Room 337, Atlanta, GA 30303 | 404-893-1224
Legal Resources for South Carolina Respondents
SC Appleseed Legal Justice Center - scjustice.org | 803-779-1113 | Columbia - Statewide immigration legal advocacy. First call for South Carolina immigration issues.
South Carolina Legal Services - sclegal.org | 803-799-9668 - Free civil legal services statewide.
Georgia Detention Watch - georgiadetentionwatch.org | 678-832-7587 - Resources for Stewart Detention Center detainees.
Catholic Charities Diocese of Charleston - catholic-doc.org | 843-402-9115 - Immigration legal services.
CLINIC Affiliates - cliniclegal.org - Search by ZIP code.
EOIR Free Legal Services List - justice.gov/eoir/free-legal-services-providers
This page provides factual information about the immigration court process as it applies to South Carolina. It is not legal advice. Information reflects conditions as of June 2026.
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