In Raleigh, North Carolina, legislative Republicans are pushing for stricter policies regarding interactions between local sheriffs and federal immigration agents, amplifying efforts for deportations of certain jail inmates. This move follows a policy enacted last fall requiring cooperation with federal authorities and coincides with a broader immigration crackdown encouraged by former President Donald Trump.
The state House, controlled by the GOP, approved a bill on Tuesday designed to expand categories of crimes that would subject individuals to immigration status checks, potentially leading to their deportation in what is now the ninth-largest state. This follows last December’s implementation of a law, post-Governor Roy Cooper’s veto override, mandating that jails hold certain defendants believed to be in the U.S. illegally for up to 48 hours so that ICE can arrange for their transfer. These individuals are typically held based on ICE detainers and administrative warrants due to suspected immigration law violations.
The newly proposed legislation seeks to clarify that jail personnel must notify federal immigration agents if detainees with such documents are in custody, and inform them of their scheduled release times. Proponents of the 2024 bill, including new House Speaker Destin Hall, argue that it enhances public safety, addressing years of non-compliance with detainers by sheriffs predominantly in Democratic areas. Although Cooper vetoed similar immigration legislation citing divisiveness and unconstitutionality since 2019, the Republican majority overrode these decisions by 2024.
Some supporters of the bill argue the law necessitates an update to better align with Trump’s and other Republicans’ federal initiatives preventing accused individuals from re-entering communities and potentially committing further offenses.
State Representative Carson Smith, a former Pender County sheriff and bill sponsor, highlighted the federal Laken Riley Act, which mandates the detention of unauthorized immigrants charged with theft and violent crimes. Hall mentioned during the floor discussion that approximately five of North Carolina’s 100 sheriffs might be defying the “spirit” of the 2024 law, if not its letter.
Sheriff Garry McFadden of Mecklenburg County has been involved in a dispute with ICE officials over his duty to inform them about detainees subject to detainers, illustrating a common contention point as sheriffs typically operate county jails.
“This bill rectifies any perceived loophole and addresses a critical issue in our state,” remarked Hall ahead of the vote tallying at 70-45 in favor.
The 2024 mandate required jail administrators to verify the legal residency of those detained for serious violent felonies, specific misdemeanors, or domestic violence issues. The new proposal expands this to include all felonies and impaired-driving offenses.
As it stands, the law necessitates that if ICE issues a detainer and administrative warrant, the detainee must face judicial assessment before potential release. Following the current statute, once an officer determines the presence of a detainer, the detainee must be maintained for up to 48 hours post-receipt unless ICE collects them sooner.
However, the updated bill proposes that the 48-hour waiting period should commence following the typical release time. The legislation now awaits deliberation in the Senate.
Opponents within the Democratic party argue that the bill targets immigrants accused but not convicted of crimes and fuels the Trump administration’s scapegoating tactics toward foreigners in the U.S.
Mario Alfaro, representing the Latino advocacy group El Pueblo, expressed concerns during a committee debate, claiming that the proposed bill amplifies anti-immigrant sentiment, overlooks significant immigrant contributions, heightens risks of racial profiling, and foments fear and distrust in local law enforcement.
The bill has garnered backing from the North Carolina Sheriffs’ Association, according to Eddie Caldwell, the association’s Executive Vice President, during a House committee session.
If approved by both legislative chambers, the measure would head to the desk of Democratic Governor Josh Stein. Presently, Democrats possess sufficient seats in the General Assembly to potentially sustain a Stein veto, should they vote cohesively.
Governor Stein’s spokesperson, Morgan Hopkins, affirmed Wednesday that Stein advocates deportation for anyone unlawfully residing in the U.S. who has committed a violent crime. Stein’s priorities include federal immigration reforms, law enforcement support, and combating fentanyl use.
In parallel, the state Senate previously advanced an immigration bill mandating more state law enforcement agencies, under Stein’s oversight, to collaborate with federal immigration officials. This proposal currently resides within the House for evaluation.