A pair of bills that would further involve North Carolina's law enforcement in President Donald Trump's immigration crackdown are awaiting action from Gov. Josh Stein.
Gov. Stein has until this Friday to either sign them into law or veto them.
Senate Bill 153 and House Bill 318 were passed by the Republican-controlled General Assembly this month.
WUNC reviewed the bills to answer common questions about what's proposed in them — it's important to note however, that immigration law is complex and that specific questions should be directed to attorneys and experts.
The text of both S.B. 153 and H.B. 318 can be read on the legislature's website.
How likely is it for the bills to become law?
- The probability is high at least one will become law, since Republicans rely on a majority in the legislature that could override Stein's veto.
- The governor has previously declined to say whether he supports such legislation, and Republicans hope he'll sign the bills into law — or let them become law without his signature. "He has made clear that if someone commits a crime and they are here illegally; they should be deported," a spokesperson for Gov. Stein told the NC Newsroom.
- House Speaker Destin Hall, R-Caldwell, the architect of H.B. 318, will need the vote of just one House Democrat or take advantage of absences to successfully override a Stein veto.
- At least one Democrat previously voted in favor of H.B. 318. Rep. Carla Cunningham, D-Mecklenburg, voted against S.B. 153, but supported H.B. 318. She was the only legislator to cross party lines in the votes.
What is Senate Bill 153?
- Senate Bill 153 is named the "North Carolina Border Protection Act" and would force state agencies to "cooperate to the fullest extent of the law" with Immigration and Customs Enforcement, commonly known as ICE. It would train officers to act as immigration officers through what's known as a 287(g) agreement. Republican legislators say federal immigration officers don't have enough personnel and need the assistance of state law enforcement.
It would do the following:
- Require state law enforcement agencies — the State Highway Patrol, the Department of Public Safety and the Department of Adult Corrections — to contact ICE if they have a person in custody who is not a "legal resident" or U.S. citizen. ICE can then confirm if they have an unlawful status and take them into federal custody.
- Allow lawsuits against so-called "sanctuary cities" by victims of crimes committed by immigrants without legal presence.
- Prevent schools in the University of North Carolina system from obstructing ICE.
- Ban the provision of benefits and housing assistance to immigrants without legal status.
What is House Bill 318?
North Carolina's sheriffs are already required to cooperate with ICE if a migrant without legal presence is charged with a crime under House Bill 10, which became law last year after the veto of former Gov. Roy Cooper failed.
Rep. Hall introduced House Bill 318 to "strengthen" the existing law under House Bill 10, which requires county jails to notify ICE anytime a person is charged with certain violent offenses so they can confirm their immigration status. ICE can then issue an order for jails to detain them — known as a detainer — for up to 48 hours, giving ICE agents time to pick them up for deportation proceedings.
It would do the following:
- Any person charged with a felony, A1 misdemeanor or impaired driving must have their immigration status confirmed "by an inquiry of the defendant, or by examination of any relevant documents, or both" by a judicial official.
- If their status cannot be confirmed, they must be fingerprinted, officials must contact ICE and the person must be detained for up to two hours to allow time for ICE to issue a detainer. The person must be released if no detainer is issued.
- Expand the categories of offenses to include nonviolent or minor offenses like fraud, drunk driving, embezzlement, forgery and theft.
- It requires that the 48-hour hold begin only after a person would ordinarily have been released, such as by posting bond.
Who opposes the bills, and why?
- Democrats and activists who oppose the legislation say empowering state law enforcement to act as immigration officers will separate families, reduce the state's workforce through creating fear and put motorists at risk of racial profiling.
- Opponents say it will also put migrants with legal status at risk — many instances of legal permanent residents and other people with legal presence in the U.S. have been detained by ICE have been reported, according to NPR.
- Sheriffs who oppose these policies say they create Fourth Amendment concerns and also say it will create further strain on their agencies as well as harm community relations with Latino immigrant communities.
NC Newsroom's Mary Helen Moore contributed reporting to this story.
