RALEIGH, N.C. (CN) - North Carolina Governor Josh Stein vetoed bills Friday that would allow permitless concealed carry and facilitate the transfer of immigrants detained for a crime to U.S. Immigration and Customs Enforcement.

These are the first bills that the first-term Democratic governor has vetoed. The measures now return to the Republican-majority legislature.  

Stein's first veto was Senate Bill 318, the "Criminal Illegal Alien Enforcement Act," which would modify 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.

If the detained person has an ICE detainer and an administrative warrant, they will be held in custody for an additional 48 hours, or until ICE takes custody or rescinds the detainer.

Republicans have called it a common sense bill to deport residents who don't have legal status and commit serious crimes. But Senate Democratic Leader Sydney Batch spoke out, saying that it denies victims of a crime the ability to see their assailant in court or serving a sentence; instead, they are deported. 

"I support the bill's efforts to require sheriffs to contact federal immigration authorities about people in their custody charged with sexual battery, armed robbery, arson, assault on public officials and court personnel, and other dangerous crimes," said Stein. "People who commit these crimes should be held accountable, whether or not they are here without legal authorization, and those charged with serious offenses ought to receive increased scrutiny from federal immigration officials." 

The governor called the bill unconstitutional, pointing to the additional detainment period. 

"The Fourth Circuit is clear that local law enforcement officers cannot keep people in custody solely based on a suspected immigration violation," he said. "But let me be clear: anyone who commits a serious crime in North Carolina must be prosecuted and held accountable regardless of their immigration status." 

Speaker of the House Destin Hall said that decision comes at the cost of the safety and security of residents, and said the House plans to override Stein's veto at "the earliest opportunity." 

Kami Chavis, a former Assistant United States Attorney for the District of Columbia, said that the bill is likely unconstitutional.

"It would unreasonably prolong the time that someone would spend in detention even in an event that charges are dropped or unfounded, such that a person could be held by law enforcement even when there are no grounds to do so," she said.  

Republicans are short one seat in the state House necessary to successfully execute a veto override vote. But one Democrat, Representative Carla Cunningham, broke with her party in supporting the bill during its first vote, and if GOP lawmakers are able to maintain her support - or enough Democrats are absent -  they will be able to pass it into law. 

Stein also vetoed Senate Bill 153, the "North Carolina Border Protection Act." If passed, it would have state law enforcement agencies partner with ICE and authorize select officers to perform immigration enforcement, including checking the citizenship status of people in custody and contacting ICE when detaining undocumented residents.

The state would be required to audit public benefits to ensure only lawful residents are receiving benefits such as Medicaid, rental assistance and food stamps, benefits which immigrants are largely ineligible for. The measure would also open sanctuary schools and cities to civil lawsuits if a resident who entered the country illegally committed a crime within their borders, with the bill releasing them from governmental immunity.

During floor discussion, attorney Representative Charles Smith warned that it could significantly expand the state's use of vicarious liability, applying the standing to criminal acts. 

Were the bill to become law, it would take state law enforcement officers away from their existing duties and impose federal immigration responsibilities upon them, Stein said in his veto note. 

"Senate Bill 153 would also make us less safe, so I am vetoing this legislation," he said.

Senate President Pro Tempore Phil Berger said Stein would "rather prioritize his far-left donors and their dangerous open-border policies over the citizens of North Carolina who are desperately pleading for us to put an end to the illegal immigration crisis. I look forward to the Senate overriding his veto."

Stein also vetoed a controversial measure over carrying concealed handguns without getting a concealed handgun permit. 

Senate Bill 50 would allow gun owners over 18 years old to carry a concealed gun in the state without a concealed carry permit. Residents wanting to carry a concealed handgun would not be required to undergo any firearm training or have their mental fitness or their criminal background checked. While an adult must still be 21 to purchase a handgun in the state, teens as young as 18 would be allowed to carry a handgun gifted to them or inherited from family, a change that raised concerns for Democrats and some Republicans.  

In his veto message, Stein said the measure "undermines reasonable gun ownership."

"Authorizing teenagers to carry a concealed weapon with no training whatsoever is dangerous," he said. "The bill would also make the job of a law enforcement officer more difficult and less safe. We can and should protect the right to bear arms without recklessly endangering law enforcement officers and our people." 

Stein's veto narrows the window of success for GOP lawmakers. When the measure passed the House, it failed to secure a party-line vote from Republicans, with Republican state Representative Ted Davis speaking out against the measure and warning it would endanger teenagers. Hall acknowledged it may be a harder measure for the party to pass into law than other bills, as two Republicans voiced opposition.    

Berger, who co-sponsored the bill, condemned the governor's decision, saying that it is time for the state to join 29 others who have formalized constitutional carry. 

"Law-abiding North Carolinians shouldn't have to jump through hoops to effectively exercise their Second Amendment rights," he said in a statement.

Stein also signed into law a bill to amend the process to rezone farmland.

Source: Courthouse News Service