North Carolina Considers Major Changes to Immigration Enforcement: What You Need to Know

Raleigh --  North Carolina is at a critical moment in its approach to immigration. Two significant bills, recently passed by the state's General Assembly, are now on Governor Josh Stein's desk, awaiting his decision.

These bills could dramatically change how local law enforcement works with federal immigration authorities and how undocumented individuals are treated in our state.

What Are These Bills?

The two bills are:

Senate Bill 153, called the "North Carolina Border Protection Act." This bill would require specific state law enforcement agencies—including the Department of Public Safety, Department of Adult Correction, State Highway Patrol, and State Bureau of Investigation—to sign agreements with federal immigration authorities (known as 287(g) agreements). These agreements would allow trained state and local officers to perform certain federal immigration functions, essentially deputizing them. The bill would also allow lawsuits against communities that have policies preventing their police from fully cooperating with ICE, sometimes called "sanctuary" policies. Additionally, it aims to stop undocumented individuals from receiving certain state benefits and housing assistance.

House Bill 318, known as the "Criminal Illegal Alien Enforcement Act." This bill builds on an existing law and would make it even stricter for local police and jails to cooperate with ICE. It requires jails to share information and notify ICE when individuals are about to be released, especially if they've been charged with serious crimes (all felonies and certain serious misdemeanors like impaired driving). It also requires a person subject to an ICE request to be held for an additional 48 hours after they would normally be released, giving federal agents more time to take them into custody.

Who is Behind These Bills?

Both bills were proposed and strongly supported by Republican leaders in the North Carolina General Assembly. Key figures like Senate Leader Phil Berger and House Speaker Destin Hall have been vocal proponents, stating that these measures are necessary to enhance public safety and ensure state agencies assist with federal immigration enforcement. The North Carolina Sheriffs' Association has also expressed support for House Bill 318, believing it brings more clarity and consistency to existing laws.

Why Are They So Serious?

These bills are controversial and have sparked strong reactions across the state.

Supporters argue that the bills are essential for enforcing immigration laws, removing individuals who have committed crimes, and ensuring that taxpayer resources are used for legal residents. They believe it will make communities safer.

Opponents, including many Democratic lawmakers, immigrant rights organizations, and community advocates, argue that these bills could lead to racial profiling, erode trust between immigrant communities and law enforcement, and make everyone less safe by discouraging crime reporting. They highlight concerns that even legal immigrants could be unfairly targeted or live in fear. Some also point out that immigrants contribute significantly to North Carolina's economy.

What Happens Next?

Governor Josh Stein is currently reviewing both bills. He has stated that if someone commits a crime and is in the U.S. illegally, they should be deported. His decision is expected within the next 10 days.

If Governor Stein vetoes these bills, the Republican-controlled General Assembly could attempt to override his veto. This would require a supermajority vote, meaning a high level of support in both the House and Senate to pass the bills into law despite the Governor's objection.

The outcome of these bills will have a significant impact on North Carolina's immigrant communities, law enforcement practices, and the state's overall social and economic landscape. It's a situation many across North Carolina are watching closely.

WNCTimes

Image: WNCTimes