CN
10 Jun 2025, 23:42 GMT+10
RALEIGH, N.C. (CN) - The North Carolina Senate passed a pair of immigration regulations Tuesday that would open sanctuary cities to liability and facilitate transferring immigrants accused of committing serious crimes to U.S. Immigration and Customs Enforcement custody.
Both measures will now go to the desk of Governor Josh Stein, a Democrat. Should he veto them, Republicans who have a controlling majority but are one seat short of being able to pass a veto-override in the state House, will require the support of a Democrat.
Republicans in the state General Assembly have pushed for increased policing of immigrants, and are working towards compelling law enforcement agencies to determine the citizenship of detainees who are accused of committing certain crimes, and then have them contact ICE.
A handful of local sheriffs have pushed against changes, saying that it harms their relationship with their communities, and the legislature has weighed multiple revisions to current law to compel their compliance.
Senate Bill 153, named the "North Carolina Border Protection Act," directs state law enforcement agencies to enter into an agreement with ICE and designate law enforcement officers to perform immigration enforcement functions. These agencies must make an effort to determine the citizenship of people in their custody, and contact ICE if they've detained an unlawful resident.
It passed the House last week, where attorney Representative Charles Smith warned that the bill, if it becomes law, could significantly expand the state's definition of vicarious liability to include criminal acts. Sanctuary schools and cities would be open to civil lawsuits if an unlawful resident commits a crime within their borders, with the measure releasing them from governmental immunity.
"Why are we punishing our immigrant neighbors by fracturing their relationships with local law enforcement?" asked Democrat Senator Natalie Murdock, who said the bill builds on deportation fears and adds additional responsibilities onto already burdened local law enforcement.
North Carolina relies on immigrants, she said, and increasing fears around ICE raids is causing employees to not report to work, which may hinder the state economically. 11% of the state's workers are immigrants, including 33% of the state's software developers.
"This is an issue that impacts so many North Carolinians across the state that are our neighbors. It is not their fault that the federal government cannot figure out legal pathways to citizenship," she said.
The second bill, Senate Bill 318, modifies the list of crimes that would trigger a jail administrator to determine the residency status of a detained person, which would include felonies, certain misdemeanors and impaired driving.
The jail would then work to determine citizenship, contact ICE and check if the person has an ICE detainer and administrative warrant, and have them held for two hours and fingerprinted if it cannot determine legal residency.
If the resident has a detainer and warrant, a judicial official is required to hold them in custody for an additional 48 hours, or until ICE takes custody or rescinds the detainer.
The bill doesn't allow victims of crimes to see justice, said Senate Democratic Leader Sydney Batch.
"When individuals violate the laws here in North Carolina, they should be held accountable," she said, saying that aggrieved victims deserve to have their day in court. She introduced an amendment that would notify victims of an impending custody transfer to ICE and allow them to file an objection in the "interests of justice," to ask that the person be tried, which was tabled.
A rapid deportation means that these residents wouldn't face trial, or have to serve a sentence if convicted over what they've been detained for, she said, emphasizing that the state should have included a process in the bill for victims to see justice served.
"This bill," she said, "is going to be amnesty for criminals. It's going to allow them to come into North Carolina to seriously injure, rape, murder or harm someone, and does not allow the victim or the victim's family to come before a court to ask for that individual to be tried and held accountable to our rules."
Speaker of the House Destin Hall called the measure a "common sense bill," and said Tuesday that people widely agree that North Carolina residents who don't have legal status and commit serious crimes should be deported.
The state legislature's actions are intended to enhance the ability of the federal government to enforce immigration laws, President Pro Tempore Phil Berger said.
"I think the public sentiment is that folks that are here illegally should be removed from the country," he said. He also contended that there is a process in place for local authorities to interface with immigration authorities to ensure prosecutions occur.
Source: Courthouse News Service
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